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,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Purposes and construction. This Act shall be | 5 | | construed consistently with what is reasonable under the | 6 | | circumstances and to effectuate the following purposes: | 7 | | (1) To enable an individual to easily document and share | 8 | | the individual's advance care planning wishes. | 9 | | (2) To facilitate electronic capture, transmission, and | 10 | | storage of an individual's advance care planning wishes by | 11 | | means of a reliable electronic solution. | 12 | | (3) To facilitate and promote the sharing of an | 13 | | individual's advance care planning wishes among care providers | 14 | | by eliminating barriers resulting from paper documents | 15 | | containing these wishes that are not easily transferred and | 16 | | accessed, thus promoting the opportunity for the patient's | 17 | | wishes to be known in all of the health care settings the | 18 | | patient may encounter. | 19 | | Section 5. The Electronic Commerce Security Act is amended | 20 | | by 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 | 3 | | if 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 | 5 | | for certain
consequences if a
document is not signed, an | 6 | | electronic signature satisfies that rule of law.
| 7 | | (a-5) In the course of exercising any permitting, | 8 | | licensing, or other regulatory function, a municipality may | 9 | | accept, but shall not require, documents with an electronic | 10 | | signature, including, but not limited to, the technical | 11 | | submissions of a design professional with an electronic | 12 | | signature. | 13 | | (b) An electronic signature may be proved in any manner, | 14 | | including by
showing that a
procedure existed by which a party | 15 | | must of necessity have executed a symbol or
security procedure | 16 | | for
the purpose of verifying that an electronic record is that | 17 | | of 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 | 17 | | Duties Law of the
Civil Administrative Code of Illinois is | 18 | | amended 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 | 22 | | publish the summary of
advance directives law, as required by | 23 | | the federal Patient
Self-Determination Act, and related forms. | 24 | | Publication may be limited to the World Wide Web. The summary |
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| 1 | | required under this subsection (a) must include the Department | 2 | | of Public Health Uniform POLST form.
| 3 | | (b) The Department of Public Health shall publish
Spanish | 4 | | language
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 | 14 | | organization
representing
physicians licensed to practice | 15 | | medicine in all its branches, statewide
organizations | 16 | | representing physician assistants, advanced practice | 17 | | registered nurses, nursing homes, registered professional | 18 | | nurses, and emergency medical systems, and a statewide
| 19 | | organization
representing hospitals, the Department of Public | 20 | | Health shall develop and
publish a uniform
form for | 21 | | practitioner cardiopulmonary resuscitation (CPR) or | 22 | | life-sustaining treatment orders that may be utilized in all
| 23 | | settings. The form shall meet the published minimum | 24 | | requirements to nationally be considered a practitioner orders | 25 | | for life-sustaining treatment form, or POLST, and
may be | 26 | | referred to as the Department of Public Health Uniform POLST |
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| 1 | | form. An electronic version of the Uniform POLST form under | 2 | | this Act may be created, signed, or revoked electronically | 3 | | using a generic, technology-neutral system in which each user | 4 | | is assigned a unique identifier that is securely maintained and | 5 | | in a manner that meets the regulatory requirements for a | 6 | | digital or electronic signature. Compliance with the standards | 7 | | defined in the Electronic Commerce Security Act or the | 8 | | implementing rules of the Hospital Licensing Act for medical | 9 | | record entry authentication for author validation of the | 10 | | documentation, content accuracy, and completeness meets this | 11 | | standard. This form does not replace a physician's or other | 12 | | practitioner's authority to make a do-not-resuscitate (DNR) | 13 | | order.
| 14 | | (b-10) In consultation with a statewide professional | 15 | | organization representing physicians licensed to practice | 16 | | medicine in all its branches, statewide organizations | 17 | | representing physician assistants, advanced practice | 18 | | registered nurses, nursing homes, registered professional | 19 | | nurses, and emergency medical systems, a statewide bar | 20 | | association, a national bar association with an Illinois | 21 | | chapter that concentrates in elder and disability law, a | 22 | | not-for-profit organ procurement organization that coordinates | 23 | | organ and tissue donation, a statewide committee or group | 24 | | responsible for stakeholder education about POLST issues, and a | 25 | | statewide organization representing hospitals, the Department | 26 | | of Public Health shall study the feasibility of creating a |
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| 1 | | statewide registry of advance directives and POLST forms. The | 2 | | registry would allow residents of this State to submit the | 3 | | forms and for the forms to be made available to health care | 4 | | providers and professionals in a timely manner for the | 5 | | provision of care or services. This study must be filed with | 6 | | the General Assembly on or before January 1, 2021. | 7 | | (c) (Blank). | 8 | | (d) The Department of Public Health shall publish the | 9 | | Department of Public Health Uniform POLST form reflecting the | 10 | | changes made by this amendatory Act of the 98th General | 11 | | Assembly no later than January 1, 2015.
| 12 | | (Source: P.A. 99-319, eff. 1-1-16; 99-581, eff. 1-1-17; | 13 | | 100-513, eff. 1-1-18 .)
| 14 | | Section 15. The Illinois Living Will Act is amended by | 15 | | changing 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, | 19 | | or assigned
to, the patient who has primary responsibility for | 20 | | the treatment and care
of the patient.
| 21 | | (b) "Declaration" means a witnessed document in writing, in | 22 | | a hard copy or electronic format, voluntarily
executed by the | 23 | | declarant in accordance with the requirements of Section 3.
| 24 | | (c) "Health-care provider" means a person who is licensed, |
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| 1 | | certified
or otherwise authorized by the law of this State to | 2 | | administer health care
in the ordinary course of business or | 3 | | practice of a profession.
| 4 | | (d) "Death delaying procedure" means any medical procedure | 5 | | or intervention
which, when applied to a qualified patient, in | 6 | | the judgement of the attending
physician would serve only to | 7 | | postpone the moment of death. In
appropriate circumstances, | 8 | | such procedures include, but are not limited to,
assisted | 9 | | ventilation, artificial kidney treatments, intravenous feeding | 10 | | or
medication, blood transfusions, tube feeding and other | 11 | | procedures of
greater or lesser magnitude that serve only to | 12 | | delay death. However, this
Act does not affect the | 13 | | responsibility of the attending physician or other
health care | 14 | | provider to provide treatment for a patient's comfort care or
| 15 | | alleviation of pain. Nutrition and hydration shall not be | 16 | | withdrawn or
withheld from a qualified patient if the | 17 | | withdrawal or withholding would
result in death solely from | 18 | | dehydration or starvation rather than from the
existing | 19 | | terminal condition.
| 20 | | (e) "Person" means an individual, corporation, business | 21 | | trust,
estate, trust, partnership, association, government, | 22 | | governmental
subdivision or agency, or any other legal entity.
| 23 | | (f) "Physician" means a person licensed to practice | 24 | | medicine in
all its branches.
| 25 | | (g) "Qualified patient" means a patient who has executed a | 26 | | declaration
in accordance with this Act and who has been |
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| 1 | | diagnosed and verified in
writing to be afflicted with a | 2 | | terminal condition by his or her attending
physician who has | 3 | | personally examined the patient. A qualified patient
has the | 4 | | right to make decisions regarding death delaying procedures as | 5 | | long
as he or she is able to do so.
| 6 | | (h) "Terminal condition" means an incurable and | 7 | | irreversible condition
which is such that death is imminent and | 8 | | the application of death delaying
procedures serves only to | 9 | | prolong 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 | 13 | | time by
the declarant, without regard to declarant's mental or | 14 | | physical condition,
by any of the following methods:
| 15 | | (1) By being obliterated, burnt, torn or otherwise | 16 | | destroyed or defaced
in a manner indicating intention to | 17 | | cancel;
| 18 | | (2) By a written revocation of the declaration signed and | 19 | | dated by the
declarant or person acting at the direction of the | 20 | | declarant , regardless of whether the written revocation is in | 21 | | electronic or hard copy format ; or
| 22 | | (3) By an a oral or any other expression of the intent to | 23 | | revoke the
declaration, in the presence of a witness 18 years | 24 | | of age or older who
signs and dates a writing confirming that | 25 | | such expression of intent was made ; or .
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| 1 | | (4) For an electronic declaration, by deleting in a manner | 2 | | indicating the intention to revoke. An electronic declaration | 3 | | may be revoked electronically using a generic, | 4 | | technology-neutral system in which each user is assigned a | 5 | | unique identifier that is securely maintained and in a manner | 6 | | that meets the regulatory requirements for a digital or | 7 | | electronic signature. Compliance with the standards defined in | 8 | | the Electronic Commerce Security Act or the implementing rules | 9 | | of the Hospital Licensing Act for medical record entry | 10 | | authentication for author validation of the documentation, | 11 | | content accuracy, and completeness meets this standard. | 12 | | (b) A revocation is effective upon communication to the | 13 | | attending
physician by the declarant or by another who
| 14 | | witnessed the revocation. The attending physician shall record | 15 | | in
the patient's medical record the time and date when and
the | 16 | | place where he or she received notification of the revocation.
| 17 | | (c) There shall be no criminal or civil liability on the
| 18 | | part of any person for failure to act upon a revocation made | 19 | | pursuant to
this Section unless that person has actual | 20 | | knowledge 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 | 24 | | withdrawal of
death delaying procedures from a qualified | 25 | | patient in accordance with the
provisions of this Act shall |
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| 1 | | not, for any purpose, constitute a suicide.
| 2 | | (b) The making of a declaration pursuant to Section 3 shall | 3 | | not affect
in any manner the sale, procurement, or issuance of | 4 | | any policy of life
insurance, nor shall it be deemed to modify | 5 | | the terms of an existing policy
of life insurance. No policy of | 6 | | life insurance shall be legally impaired
or invalidated in any | 7 | | manner by the withholding or withdrawal of death
delaying | 8 | | procedures from an insured qualified patient, notwithstanding | 9 | | any
term of the policy to the contrary.
| 10 | | (c) No physician, health care facility, or other health | 11 | | care provider,
and no health care service plan, health | 12 | | maintenance organization, insurer
issuing disability | 13 | | insurance, self-insured employee employe welfare benefit plan,
| 14 | | nonprofit medical service corporation or mutual nonprofit | 15 | | hospital service
corporation shall require any person to | 16 | | execute a declaration as a
condition for being insured for, or | 17 | | receiving, health care services.
| 18 | | (d) Nothing in this Act shall impair or supersede any legal | 19 | | right or legal
responsibility which any person may have to | 20 | | effect the withholding or
withdrawal of death delaying | 21 | | procedures in any lawful manner. In such
respect the provisions | 22 | | of this Act are cumulative.
| 23 | | (e) This Act shall create no presumption concerning the | 24 | | intention of an
individual who has not executed a declaration | 25 | | to consent to the use or
withholding of death delaying | 26 | | procedures in the event of a terminal condition.
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| 1 | | (f) Nothing in this Act shall be construed to condone, | 2 | | authorize or approve
mercy killing or to permit any affirmative | 3 | | or deliberate act or omission
to end life other than to permit | 4 | | the natural process of dying as provided in this Act.
| 5 | | (g) An instrument executed before the effective date of | 6 | | this Act
that substantially complies with subsection paragraph | 7 | | (e) of Section 3 shall be given
effect pursuant to the | 8 | | provisions of this Act.
| 9 | | (h) A declaration executed in another state in compliance | 10 | | with the
law of that state or this State is validly executed | 11 | | for purposes of this
Act, and such declaration shall be applied | 12 | | in accordance with the
provisions of this Act.
| 13 | | (i) Documents, writings, forms, and copies referred to in | 14 | | this Act may be in hard copy or electronic format. Nothing in | 15 | | this Act is intended to prevent the population of a | 16 | | declaration, document, writing, or form with electronic data. | 17 | | Electronic documents under this Act may be created, signed, or | 18 | | revoked electronically using a generic, technology-neutral | 19 | | system in which each user is assigned a unique identifier that | 20 | | is securely maintained and in a manner that meets the | 21 | | regulatory requirements for a digital or electronic signature. | 22 | | Compliance with the standards defined in the Electronic | 23 | | Commerce Security Act or the implementing rules of the Hospital | 24 | | Licensing Act for medical record entry authentication for | 25 | | author validation of the documentation, content accuracy, and | 26 | | completeness meets this standard. |
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| 1 | | (Source: P.A. 85-860.)
| 2 | | Section 20. The Health Care Surrogate Act is amended by | 3 | | adding Section 70 as follows: | 4 | | (755 ILCS 40/70 new) | 5 | | Sec. 70. Format. The affidavit, medical record, documents, | 6 | | and forms referred to in this Act may be in hard copy or | 7 | | electronic format. Nothing in this Act is intended to prevent | 8 | | the population of an affidavit, medical record, document, or | 9 | | form with electronic data. A living will, mental health | 10 | | treatment preferences declaration, practitioner orders for | 11 | | life-sustaining treatment (POLST), or power of attorney for | 12 | | health care that is populated with electronic data is | 13 | | operative. Electronic documents under this Act may be created, | 14 | | signed, or revoked electronically using a generic, | 15 | | technology-neutral system in which each user is assigned a | 16 | | unique identifier that is securely maintained and in a manner | 17 | | that meets the regulatory requirements for a digital or | 18 | | electronic signature. Compliance with the standards defined in | 19 | | the Electronic Commerce Security Act or the implementing rules | 20 | | of the Hospital Licensing Act for medical record entry | 21 | | authentication for author validation of the documentation, | 22 | | content accuracy, and completeness meets this standard. | 23 | | Section 25. The Mental Health Treatment Preference |
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| 1 | | Declaration Act is amended by changing Sections 5, 20, and 50 | 2 | | and 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 | 6 | | Section 10 of the
Health Care Surrogate Act.
| 7 | | (2) "Attending physician" shall have the same meaning as | 8 | | provided in
Section 10 of the Healthcare Surrogate Act.
| 9 | | (3) "Attorney-in-fact" means
an adult validly appointed | 10 | | under this Act to make mental health treatment
decisions for a | 11 | | principal under a declaration for mental health treatment and
| 12 | | also means an alternative attorney-in-fact.
| 13 | | (4) "Declaration" means a document , in hard copy or | 14 | | electronic format, making a declaration of preferences or
| 15 | | instructions regarding mental health treatment.
| 16 | | (5) "Incapable" means that, in the opinion of 2 physicians | 17 | | or the court, a
person's ability to
receive and evaluate | 18 | | information effectively or communicate decisions is
impaired | 19 | | to such an extent that the person currently lacks the capacity | 20 | | to make
mental health treatment decisions.
| 21 | | (6) "Mental Health Facility" shall have the same meaning as | 22 | | provided in
Section 1-114 of the Mental Health and | 23 | | Developmental Disabilities Code.
| 24 | | (7) "Mental health treatment" means electroconvulsive | 25 | | treatment, treatment
of mental illness with psychotropic |
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| 1 | | medication, and admission to and retention
in a mental health | 2 | | facility for a period not to exceed 17 days for care or
| 3 | | treatment of mental illness.
| 4 | | (8) "Physician" means a physician or psychiatrist as | 5 | | defined in Sections
1-120 and 1-121, respectively, of the | 6 | | Mental Health and Developmental
Disabilities Code.
| 7 | | (9) "Principal" means the person making a declaration for | 8 | | his or her
personal mental health treatment.
| 9 | | (10) "Provider" means any mental health facility or any | 10 | | other person which
is devoted in whole or part to providing | 11 | | mental 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 | 16 | | principal, and 2 competent adult witnesses. The witnesses must
| 17 | | attest that the principal is known to them, signed the | 18 | | declaration in their
presence and appears to be of sound mind | 19 | | and not under duress, fraud or undue
influence. Persons | 20 | | specified in Section 65 of this Act may not act as
witnesses.
| 21 | | (b) The signature and execution requirements set forth in | 22 | | this Act are satisfied by: (i) written signatures or initials; | 23 | | or (ii) electronic signatures or computer-generated signature | 24 | | codes. Electronic documents under this Act may be created, | 25 | | signed, or revoked electronically using a generic, |
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| 1 | | technology-neutral system in which each user is assigned a | 2 | | unique identifier that is securely maintained and in a manner | 3 | | that meets the regulatory requirements for a digital or | 4 | | electronic signature. Compliance with the standards defined in | 5 | | the Electronic Commerce Security Act or the implementing rules | 6 | | of the Hospital Licensing Act for medical record entry | 7 | | authentication for author validation of the documentation, | 8 | | content 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 | 12 | | in this Act may be in hard copy or electronic format. Nothing | 13 | | in this Act is intended to prevent the population of a | 14 | | declaration, document, writing, or form with electronic data.
| 15 | | (755 ILCS 43/50)
| 16 | | Sec. 50. Revocation. A declaration may be revoked in whole | 17 | | or in part by
written statement at any time by the principal if | 18 | | the principal is not
incapable , regardless of whether the | 19 | | written revocation is in an electronic or hard copy format . A | 20 | | written statement of revocation is effective when signed by the
| 21 | | principal and a physician and the principal delivers the | 22 | | revocation to the
attending physician. An electronic | 23 | | declaration may be revoked electronically using a generic, | 24 | | technology-neutral system in which each user is assigned a |
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| 1 | | unique identifier that is securely maintained and in a manner | 2 | | that meets the regulatory requirements for a digital or | 3 | | electronic signature. Compliance with the standards defined in | 4 | | the Electronic Commerce Security Act or the implementing rules | 5 | | of the Hospital Licensing Act for medical record entry | 6 | | authentication for author validation of the documentation, | 7 | | content accuracy, and completeness meets this standard. The | 8 | | attending physician shall note the revocation as part
of the | 9 | | principal's medical record.
| 10 | | (Source: P.A. 89-439, eff. 6-1-96.)
| 11 | | Section 30. The Illinois Power of Attorney Act is amended | 12 | | by changing Sections 4-4, 4-6, 4-9, and 4-10 and by adding | 13 | | Section 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 | 17 | | primary
responsibility at the time of reference for the | 18 | | treatment and care of the patient.
| 19 | | (b) "Health care" means any care, treatment, service or | 20 | | procedure to
maintain, diagnose, treat or provide for the | 21 | | patient's physical or mental
health or personal care.
| 22 | | (c) "Health care agency" means an agency governing any type | 23 | | of health
care, anatomical gift, autopsy or disposition of | 24 | | remains for and on behalf
of a patient and refers , in either |
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| 1 | | hard copy or electronic format, to the power of attorney or | 2 | | other written
instrument defining the agency or the agency, | 3 | | itself, as appropriate to the context.
| 4 | | (d) "Health care provider", "health care professional", or | 5 | | "provider" means the attending physician
and any other person | 6 | | administering health care to the patient at the time
of | 7 | | reference who is licensed, certified, or otherwise authorized | 8 | | or
permitted by law to administer health care in the ordinary | 9 | | course of
business or the practice of a profession, including | 10 | | any person employed by
or acting for any such authorized | 11 | | person.
| 12 | | (e) "Patient" means the principal or, if the agency governs | 13 | | health care
for a minor child of the principal, then the child.
| 14 | | (e-5) "Health care agent" means an individual at least 18 | 15 | | years old designated by the principal to make health care | 16 | | decisions of any type, including, but not limited to, | 17 | | anatomical gift, autopsy, or disposition of remains for and on | 18 | | behalf of the individual. A health care agent is a personal | 19 | | representative under state and federal law. The health care | 20 | | agent has the authority of a personal representative under both | 21 | | state and federal law unless restricted specifically by the | 22 | | health 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 | 3 | | referred to in this Article may be in hard copy or electronic | 4 | | format. Nothing in this Article is intended to prevent the | 5 | | population of a written instrument of a health care agency, | 6 | | document, 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 | 10 | | principal at any
time, without regard to the principal's mental | 11 | | or physical condition, by
any of the following methods:
| 12 | | 1. By being obliterated, burnt, torn or otherwise destroyed | 13 | | or defaced
in a manner indicating intention to revoke;
| 14 | | 2. By a written revocation of the agency signed and dated | 15 | | by the
principal or person acting at the direction of the | 16 | | principal , regardless of whether the written revocation is in | 17 | | an electronic or hard copy format ; or
| 18 | | 3. By an oral or any other expression of the intent to | 19 | | revoke the agency
in the presence of a witness 18 years of age | 20 | | or older who signs and dates a
writing confirming that such | 21 | | expression of intent was made ; or .
| 22 | | 4. For an electronic health care agency, by deleting in a | 23 | | manner indicating the intention to revoke. An electronic health | 24 | | care agency may be revoked electronically using a generic, |
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| 1 | | technology-neutral system in which each user is assigned a | 2 | | unique identifier that is securely maintained and in a manner | 3 | | that meets the regulatory requirements for a digital or | 4 | | electronic signature. Compliance with the standards defined in | 5 | | the Electronic Commerce Security Act or the implementing rules | 6 | | of the Hospital Licensing Act for medical record entry | 7 | | authentication for author validation of the documentation, | 8 | | content accuracy, and completeness meets this standard. | 9 | | (b) Every health care agency may be amended at any time by | 10 | | a written
amendment signed and dated by the principal or person | 11 | | acting at the
direction of the principal.
| 12 | | (c) Any person, other than the agent, to whom a revocation | 13 | | or amendment is
communicated or delivered shall make all | 14 | | reasonable efforts to inform the
agent of that fact as promptly | 15 | | as 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 | 19 | | following
sanctions in relation to health care agencies, in | 20 | | addition to all other
sanctions applicable under any other law | 21 | | or rule of professional conduct:
| 22 | | (a) Any person shall be civilly liable who, without the | 23 | | principal's
consent : (i) , wilfully conceals, cancels , or | 24 | | alters a health care agency or any
amendment or revocation of | 25 | | the agency ; (ii) or who falsifies or forges a health
care |
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| 1 | | agency, amendment , or revocation ; or (iii) enters information | 2 | | in an electronic system under the persona of the principal .
| 3 | | (b) A person who falsifies or forges a health care agency , | 4 | | enters information in an electronic system under the persona of | 5 | | the principal, or wilfully
conceals or withholds personal | 6 | | knowledge of an amendment or revocation of a
health care agency | 7 | | with the intent to cause a withholding or withdrawal of
| 8 | | life-sustaining or death-delaying procedures contrary to the | 9 | | intent of the
principal and thereby, because of such act, | 10 | | directly causes life-sustaining
or death-delaying procedures | 11 | | to be withheld or withdrawn and death to the
patient to be | 12 | | hastened shall be subject to prosecution for involuntary | 13 | | manslaughter.
| 14 | | (c) Any person who requires or prevents execution of a | 15 | | health care
agency as a condition of insuring or providing any | 16 | | type of health care
services to the patient shall be civilly | 17 | | liable 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 | 21 | | health care.
| 22 | | (a) The form prescribed in this Section (sometimes also | 23 | | referred to in this Act as the
"statutory health care power") | 24 | | may be used to grant an agent powers with
respect to the | 25 | | principal's own health care; but the statutory health care
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| 1 | | power is not intended to be exclusive nor to cover delegation | 2 | | of a parent's
power to control the health care of a minor | 3 | | child, and no provision of this
Article shall be construed to | 4 | | invalidate or bar use by the principal of any
other or
| 5 | | different form of power of attorney for health care. | 6 | | Nonstatutory health
care powers must be
executed by the | 7 | | principal, designate the agent and the agent's powers, and
| 8 | | comply with the limitations in Section 4-5 of this Article, but | 9 | | they need not be witnessed or
conform in any other respect to | 10 | | the statutory health care power. | 11 | | No specific format is required for the statutory health | 12 | | care power of attorney other than the notice must precede the | 13 | | form. The statutory health care power may be included in or
| 14 | | combined with any
other form of power of attorney governing | 15 | | property or other matters.
| 16 | | The signature and execution requirements set forth in this | 17 | | Article are satisfied by: (i) written signatures or initials; | 18 | | or (ii) electronic signatures or computer-generated signature | 19 | | codes. Electronic documents under this Act may be created, | 20 | | signed, or revoked electronically using a generic, | 21 | | technology-neutral system in which each user is assigned a | 22 | | unique identifier that is securely maintained and in a manner | 23 | | that meets the regulatory requirements for a digital or | 24 | | electronic signature. Compliance with the standards defined in | 25 | | the Electronic Commerce Security Act or the implementing rules | 26 | | of the Hospital Licensing Act for medical record entry |
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| 1 | | authentication for author validation of the documentation, | 2 | | content accuracy, and completeness meets this standard. | 3 | | (b) The Illinois Statutory Short Form Power of Attorney for | 4 | | Health 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 | 8 | | occur. When it does, you may need someone else to speak or make | 9 | | health care decisions for you. If you plan now, you can | 10 | | increase the chances that the medical treatment you get will be | 11 | | the treatment you want. | 12 | | In Illinois, you can choose someone to be your "health care | 13 | | agent". Your agent is the person you trust to make health care | 14 | | decisions for you if you are unable or do not want to make them | 15 | | yourself. These decisions should be based on your personal | 16 | | values and wishes. | 17 | | It is important to put your choice of agent in writing. The | 18 | | written form is often called an "advance directive". You may | 19 | | use this form or another form, as long as it meets the legal | 20 | | requirements of Illinois. There are many written and on-line | 21 | | resources to guide you and your loved ones in having a | 22 | | conversation about these issues. You may find it helpful to | 23 | | look at these resources while thinking about and discussing | 24 | | your 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, | 4 | | as your agent will have the ultimate decision-making decision | 5 | | making authority once this document goes into effect, in most | 6 | | instances after you are no longer able to make your own | 7 | | decisions. While the goal is for your agent to make decisions | 8 | | in keeping with your preferences and in the majority of | 9 | | circumstances that is what happens, please know that the law | 10 | | does allow your agent to make decisions to direct or refuse | 11 | | health care interventions or withdraw treatment. Your agent | 12 | | will need to think about conversations you have had, your | 13 | | personality, and how you handled important health care issues | 14 | | in the past. Therefore, it is important to talk with your agent | 15 | | and 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 | 13 | | determines that you cannot make your own health care decisions, | 14 | | or if you do not want to make your own decisions, some of the | 15 | | decisions 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 | 17 | | care 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 | 20 | | agent will have the responsibility to make medical treatment | 21 | | decisions, even if other people close to you might urge a | 22 | | different decision. The selection of your agent should be done | 23 | | carefully, as he or she will have ultimate decision-making | 24 | | authority for your treatment decisions once you are no longer | 25 | | able to voice your preferences. Choose a family member, friend, |
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| 1 | | or 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 | 16 | | out this role, then the second agent you chose will make the | 17 | | decisions; if your second agent is not available, then the | 18 | | third agent you chose will make the decisions. The second and | 19 | | third agents are called your successor agents and they function | 20 | | as back-up agents to your first choice agent and may act only | 21 | | one 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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| 1 | | and have not named an agent in writing, your physician and | 2 | | other health care providers will ask a family member, friend, | 3 | | or guardian to make decisions for you. In Illinois, a law | 4 | | directs which of these individuals will be consulted. In that | 5 | | law, each of these individuals is called a "surrogate". | 6 | | There are reasons why you may want to name an agent rather | 7 | | than 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 | 20 | | your physician and other health care providers and create | 21 | | written guidance about what you want or do not want, in case | 22 | | you are ever critically ill and cannot express your own wishes. | 23 | | You can complete a living will. You can also write your wishes | 24 | | down and/or discuss them with your physician or other health | 25 | | care provider and ask him or her to write it down in your |
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| 1 | | chart. You might also want to use written or on-line resources | 2 | | to 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 | 5 | | form: | 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 | 18 | | someone who is at least 18 years old that you have changed your | 19 | | mind, and/or destroy your document and any copies. If you wish, | 20 | | fill out a new form and make sure everyone you gave the old | 21 | | form to has a copy of the new one, including, but not limited | 22 | | to, 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 | 2 | | form provided here, any document you complete must be executed | 3 | | by you, designate an agent who is over 18 years of age and not | 4 | | prohibited from serving as your agent, and state the agent's | 5 | | powers, but it need not be witnessed or conform in any other | 6 | | respect to the statutory health care power. | 7 | | If you have questions about the use of any form, you may | 8 | | want to consult your physician, other health care provider, | 9 | | and/or an attorney. | 10 | | MY POWER OF ATTORNEY FOR HEALTH CARE | 11 | | THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY | 12 | | FOR HEALTH CARE. (You must sign this form and a witness must | 13 | | also sign it before it is valid) | 14 | | My name (Print your full name): .......... | 15 | | My address: .................................................. | 16 | | I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT | 17 | | (an agent is your personal representative under state and | 18 | | federal 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 | 2 | | person is to be appointed, I nominate the agent acting under | 3 | | this power of attorney as guardian. | 4 | | SUCCESSOR HEALTH CARE AGENT(S) (optional): | 5 | | If the agent I selected is unable or does not want to make | 6 | | health care decisions for me, then I request the person(s) I | 7 | | name below to be my successor health care agent(s). Only one | 8 | | person at a time can serve as my agent (add another page if you | 9 | | want 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) | 14 | | MY 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 | 5 | | possible so that my agent will have the authority to make any | 6 | | decision I could make to obtain or terminate any type of health | 7 | | care, including withdrawal of nutrition and hydration and other | 8 | | life-sustaining measures. | 9 | | I 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 | 6 | | importance. Life-sustaining treatments may include tube | 7 | | feedings or fluids through a tube, breathing machines, and CPR. | 8 | | In general, in making decisions concerning life-sustaining | 9 | | treatment, your agent is instructed to consider the relief of | 10 | | suffering, the quality as well as the possible extension of | 11 | | your life, and your previously expressed wishes. Your agent | 12 | | will weigh the burdens versus benefits of proposed treatments | 13 | | in making decisions on your behalf. | 14 | | Additional statements concerning the withholding or | 15 | | removal of life-sustaining treatment are described below. | 16 | | These can serve as a guide for your agent when making decisions | 17 | | for you. Ask your physician or health care provider if you have | 18 | | any questions about these statements. | 19 | | SELECT 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. | 10 | | SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY: | 11 | | The above grant of power is intended to be as broad as | 12 | | possible so that your agent will have the authority to make any | 13 | | decision you could make to obtain or terminate any type of | 14 | | health care. If you wish to limit the scope of your agent's | 15 | | powers or prescribe special rules or limit the power to | 16 | | authorize autopsy or dispose of remains, you may do so | 17 | | specifically in this form. | 18 | | .................................. | 19 | | .............................. | 20 | | My signature: .................. | 21 | | Today's date: ................................................ | 22 | | HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN | 23 | | COMPLETE THE SIGNATURE PORTION: |
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| 1 | | I am at least 18 years old. (check one of the options | 2 | | below): | 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 | 7 | | document. I am not related to the principal, the agent, or the | 8 | | successor agent(s) by blood, marriage, or adoption. I am not | 9 | | the principal's physician, advanced practice registered nurse, | 10 | | dentist, podiatric physician, optometrist, psychologist, or a | 11 | | relative of one of those individuals. I am not an owner or | 12 | | operator (or the relative of an owner or operator) of the | 13 | | health care facility where the principal is a patient or | 14 | | resident. | 15 | | Witness printed name: ............ | 16 | | Witness address: .............. | 17 | | Witness signature: ............... | 18 | | Today's date: ................................................
| 19 | | (c) The statutory short form power of attorney for health | 20 | | care (the
"statutory health care power") authorizes the agent | 21 | | to make any and all
health care decisions on behalf of the | 22 | | principal which the principal could
make if present and under | 23 | | no disability, subject to any limitations on the
granted powers | 24 | | that appear on the face of the form, to be exercised in such
| 25 | | manner as the agent deems consistent with the intent and |
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| 1 | | desires of the
principal. The agent will be under no duty to | 2 | | exercise granted powers or
to assume control of or | 3 | | responsibility for the principal's health care;
but when | 4 | | granted powers are exercised, the agent will be required to use
| 5 | | due care to act for the benefit of the principal in accordance | 6 | | with the
terms of the statutory health care power and will be | 7 | | liable
for negligent exercise. The agent may act in person or | 8 | | through others
reasonably employed by the agent for that | 9 | | purpose
but may not delegate authority to make health care | 10 | | decisions. The agent
may sign and deliver all instruments, | 11 | | negotiate and enter into all
agreements and do all other acts | 12 | | reasonably necessary to implement the
exercise of the powers | 13 | | granted to the agent. Without limiting the
generality of the | 14 | | foregoing, the statutory health care power shall include
the | 15 | | following powers, subject to any limitations appearing on the | 16 | | face 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 | 20 | | to make health care decisions for himself or herself only if | 21 | | the principal lacks decisional capacity, as that term is | 22 | | defined in Section 10 of the Health Care Surrogate Act. | 23 | | (e) If the principal names the agent as a guardian on the | 24 | | statutory short form, and if a court decides that the | 25 | | appointment of a guardian will serve the principal's best | 26 | | interests and welfare, the court shall appoint the agent to |
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| 1 | | serve without bond or security. | 2 | | (Source: P.A. 99-328, eff. 1-1-16; 100-513, eff. 1-1-18; | 3 | | revised 10-4-18.)
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