State of Illinois
92^nd General Assembly
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92_SB0390eng

 
SB390 Engrossed                                LRB9207774DJgc

 1        AN ACT in relation to health care surrogates.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Health Care Surrogate Act is amended by
 5    changing Section 25 as follows:

 6        (755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25)
 7        Sec. 25.  Surrogate decision making.
 8        (a)  When a patient lacks decisional capacity, the health
 9    care provider must  make  a  reasonable  inquiry  as  to  the
10    availability  and  authority of a health care agent under the
11    Powers of Attorney for Health Care Law.  When no health  care
12    agent  is  authorized and available, the health care provider
13    must make a reasonable inquiry  as  to  the  availability  of
14    possible  surrogates  listed in items (1) through (4) of this
15    subsection.  For  purposes  of  this  Section,  a  reasonable
16    inquiry includes, but is not limited to, identifying a member
17    of  the  patient's  family  or  other  health  care  agent by
18    examining the patient's personal effects or medical  records.
19    If  a family member or other health care agent is identified,
20    an attempt to contact that person by telephone must  be  made
21    within  24  hours  after a determination by the provider that
22    the patient lacks decisional capacity.
23        The surrogate  decision  makers,  as  identified  by  the
24    attending physician, are then authorized to make decisions as
25    follows:   (i)  for patients who lack decisional capacity and
26    do not  have  a    qualifying  condition,  medical  treatment
27    decisions may be made in  accordance with subsection (b-5) of
28    Section  20;  and  (ii)  for  patients  who   lack decisional
29    capacity and have a qualifying condition,  medical  treatment
30    decisions   including   whether   to   forgo  life-sustaining
31    treatment on behalf of the patient may be made without  court
 
SB390 Engrossed             -2-                LRB9207774DJgc
 1    order  or  judicial  involvement  in  the  following order of
 2    priority:
 3             (1)  the patient's guardian of the person;
 4             (2)  the patient's spouse;
 5             (3)  any adult son or daughter of the patient;
 6             (4)  either parent of the patient;
 7             (5)  any adult brother or sister of the patient;
 8             (6)  any adult grandchild of the patient;
 9             (7)  a close friend of the patient;
10             (8)  the patient's guardian of the estate.
11        The health care provider shall have the right to rely  on
12    any  of  the  above surrogates if the provider believes after
13    reasonable inquiry that neither a health care agent under the
14    Powers of Attorney for Health Care Law  nor  a  surrogate  of
15    higher priority is available.
16        Where there are multiple surrogate decision makers at the
17    same  priority  level  in  the  hierarchy,  it  shall  be the
18    responsibility of those surrogates to make reasonable efforts
19    to reach a consensus as to their decision on  behalf  of  the
20    patient  regarding the forgoing of life-sustaining treatment.
21    If 2 or more surrogates who are in the same category and have
22    equal priority indicate to the attending physician that  they
23    disagree about the health care matter at issue, a majority of
24    the  available  persons  in that category (or the parent with
25    custodial rights) shall control, unless the minority (or  the
26    parent   without  custodial  rights)  initiates  guardianship
27    proceedings in accordance with the Probate Act of  1975.   No
28    health  care  provider  or  other  person is required to seek
29    appointment of a guardian.
30        (b)  After a surrogate has  been  identified,  the  name,
31    address, telephone number, and relationship of that person to
32    the  patient  shall  be  recorded  in  the  patient's medical
33    record.
34        (c)  Any surrogate who becomes unavailable for any reason
 
SB390 Engrossed             -3-                LRB9207774DJgc
 1    may be replaced by applying the provisions of Section  25  in
 2    the same manner as for the initial choice of surrogate.
 3        (d)  In  the  event an individual of a higher priority to
 4    an identified surrogate becomes available and willing  to  be
 5    the  surrogate,  the  individual  with higher priority may be
 6    identified as the surrogate.  In the event an individual in a
 7    higher, a lower, or the same priority level or a health  care
 8    provider   seeks   to   challenge  the  priority  of  or  the
 9    life-sustaining  treatment   decision   of   the   recognized
10    surrogate  decision maker, the challenging party may initiate
11    guardianship proceedings in accordance with the  Probate  Act
12    of 1975.
13        (e)  The  surrogate  decision  maker  shall have the same
14    right as the  patient  to  receive  medical  information  and
15    medical records and to consent to disclosure.
16    (Source: P.A. 90-246, eff. 1-1-98.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.

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