Illinois Compiled Statutes
Information maintained by the Legislative
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
755 ILCS 40/10
(755 ILCS 40/10)
(from Ch. 110 1/2, par. 851-10)
"Adult" means a person who is (i) 18 years of age or older or (ii) an
emancipated minor under the Emancipation of
"Artificial nutrition and hydration" means supplying food and water through a
conduit, such as a tube or intravenous line, where the recipient is not
required to chew or swallow voluntarily, including, but not limited to,
nasogastric tubes, gastrostomies, jejunostomies, and
intravenous infusions. Artificial nutrition and hydration does not include
assisted feeding, such as spoon or bottle feeding.
"Available" means that a person is not "unavailable". A person is
unavailable if (i) the person's existence is not known, (ii) the person has
not been able to be contacted by telephone or mail, or (iii) the person
lacks decisional capacity, refuses to accept the office of surrogate, or is
unwilling to respond in a manner that indicates a choice among the
treatment matters at issue.
"Attending physician" means the physician selected by or
assigned to the patient who has primary responsibility for
treatment and care of the patient and who is a licensed physician
in Illinois. If more than one physician shares that
responsibility, any of those physicians may act as the attending
physician under this Act.
"Close friend" means any person 18 years of age or older who
has exhibited special care and concern for the patient and who
presents an affidavit to the attending physician stating that he or
she (i) is a close friend of the patient, (ii) is willing and able to become
involved in the patient's health care, and (iii) has maintained such
regular contact with the patient as to be familiar with the
patient's activities, health, and religious and moral beliefs. The
affidavit must also state facts and circumstances that demonstrate that
"Death" means when, according to accepted medical standards,
there is (i) an irreversible cessation of circulatory and
respiratory functions or (ii) an irreversible cessation of all
functions of the entire brain, including the brain stem.
"Decisional capacity" means the ability to understand and
appreciate the nature and consequences of a decision regarding
medical treatment or
forgoing life-sustaining treatment and the ability to reach and
communicate an informed decision in the matter as determined by the
"Forgo life-sustaining treatment" means to withhold,
withdraw, or terminate all or any portion of life-sustaining
treatment with knowledge that the patient's death is likely to
"Guardian" means a court appointed guardian of the person who
serves as a representative of a minor or as a representative of a
person under legal disability.
"Health care facility" means a type of health care provider
commonly known by a wide variety of titles, including but not
limited to, hospitals, medical centers, nursing homes,
rehabilitation centers, long term or tertiary care facilities, and
other facilities established to administer health care and provide
overnight stays in their ordinary course of business or practice.
"Health care provider" means a person that is licensed,
certified, or otherwise authorized or permitted by the law of this
State to administer health care in the ordinary course of business
or practice of a profession, including, but not limited to,
physicians, nurses, health care facilities, and any employee,
officer, director, agent, or person under contract with such a
"Imminent" (as in "death is imminent") means a determination
made by the attending physician according to accepted medical
standards that death will occur in a relatively short period of
time, even if life-sustaining treatment is initiated or continued.
"Life-sustaining treatment" means any medical treatment,
procedure, or intervention that, in the judgment of the attending
physician, when applied to a patient with a qualifying condition,
would not be effective to remove the qualifying condition
or would serve only to prolong the dying process. Those
procedures can include, but are not limited to, assisted
ventilation, renal dialysis, surgical procedures, blood
transfusions, and the administration of drugs, antibiotics, and
artificial nutrition and hydration.
"Minor" means an individual who is not an adult as defined in
"Parent" means a person who is the natural or adoptive mother
or father of the child and whose parental rights have not been
terminated by a court of law.
"Patient" means an adult or minor individual, unless otherwise
specified, under the care or treatment of a licensed physician or
other health care provider.
"Person" means an individual, a corporation, a business trust,
a trust, a partnership, an association, a government, a
governmental subdivision or agency, or any other legal entity.
"Qualifying condition" means the existence of one or more of
the following conditions in a patient certified in writing in the
patient's medical record by the attending physician and by at least
one other qualified physician:
(1) "Terminal condition" means an illness or injury
for which there is no reasonable prospect of cure or recovery, death is imminent, and the application of life-sustaining treatment would only prolong the dying process.
(2) "Permanent unconsciousness" means a condition
that, to a high degree of medical certainty, (i) will last permanently, without improvement, (ii) in which thought, sensation, purposeful action, social interaction, and awareness of self and environment are absent, and (iii) for which initiating or continuing life-sustaining treatment, in light of the patient's medical condition, provides only minimal medical benefit.
(3) "Incurable or irreversible condition" means an
illness or injury (i) for which there is no reasonable prospect of cure or recovery, (ii) that ultimately will cause the patient's death even if life-sustaining treatment is initiated or continued, (iii) that imposes severe pain or otherwise imposes an inhumane burden on the patient, and (iv) for which initiating or continuing life-sustaining treatment, in light of the patient's medical condition, provides only minimal medical benefit.
The determination that a patient has a qualifying condition creates
no presumption regarding the application or non-application of life-sustaining
treatment. It is only after a determination by the attending
physician that the patient has a qualifying condition that the
surrogate decision maker may consider whether or not to forgo
life-sustaining treatment. In making this decision, the surrogate
shall weigh the burdens on the patient of initiating or continuing
life-sustaining treatment against the benefits of that treatment.
"Qualified physician" means a physician licensed to practice
medicine in all of its branches in Illinois who has personally
examined the patient.
"Surrogate decision maker" means an adult individual or
individuals who (i) have decisional capacity, (ii) are available
upon reasonable inquiry, (iii) are willing to make medical treatment
decisions on behalf of
a patient who lacks decisional capacity, and (iv) are identified by
the attending physician in accordance with the provisions of this
Act as the person or persons who are to make those decisions in
accordance with the provisions of this Act.
(Source: P.A. 95-331, eff. 8-21-07.)