Rep. Eva-Dina Delgado

Filed: 5/8/2024

 

 


 

 


 
10300SB2644ham002LRB103 34708 SPS 73225 a

1
AMENDMENT TO SENATE BILL 2644

2    AMENDMENT NO. ______. Amend Senate Bill 2644 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Secretary of State Act is amended by
5adding Section 34 as follows:
 
6    (15 ILCS 305/34 new)
7    Sec. 34. Advance Directive Registry.
8    (a) By January 1, 2027, the Secretary of State shall
9establish an electronic registry, to be known as the Advance
10Directive Registry, through which residents of the State of
11Illinois may deposit, with the Secretary of State, a completed
12Department of Public Health Uniform Practitioner Order for
13Life-Sustaining Treatment (POLST) form. In calendar year 2026,
14the Secretary of State shall, in good faith, promote the
15Advance Directive Registry throughout the State by
16disseminating information about the Advance Directive Registry

 

 

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1in the form and manner prescribed by the Secretary of State.
2    (b) Information in the Advance Directive Registry shall be
3made available electronically to Emergency Medical Services
4personnel as defined in the Emergency Medical Services (EMS)
5Systems Act, administrators of hospitals licensed under the
6Hospital Licensing Act, and administrators of hospitals
7organized under the University of Illinois Hospital Act.
8Hospital administrators shall, as appropriate for their
9respective hospital, provide access to information in the
10Advance Directive Registry to hospital health care providers
11and health care professionals. Persons may rely on information
12obtained from the Advance Directive Registry as an accurate
13copy of the documents filed with the Advance Directive
14Registry.
15    (c) Nothing in this Section shall limit the right to amend
16or revoke a Department of Public Health Uniform POLST form
17previously filed with the Advance Directive Registry.
18    (d) The Secretary of State shall adopt any rules necessary
19to implement this amendatory Act of the 103rd General
20Assembly, and the Secretary of State shall also provide on the
21Secretary of State's website information regarding use of the
22Advance Directive Registry.
23    (e) In the absence of gross negligence or willful
24misconduct, the Secretary of State and employees of the
25Secretary of State are immune from any civil or criminal
26liability in connection with the creation and maintenance of

 

 

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1the Advance Directive Registry described in this Section.
2    (f) A person who knowingly submits a document to the
3Advance Directive Registry without authorization or assists in
4such submission shall be guilty of a Class A misdemeanor.
5    (g) Nothing in this Section requires a health care
6professional or health care provider, including Emergency
7Medical Services personnel as defined in the Emergency Medical
8Services (EMS) Systems Act, a hospital licensed under the
9Hospital Licensing Act, and a hospital organized under the
10University of Illinois Hospital Act, to (i) inquire whether a
11patient has a Department of Public Health Uniform POLST form
12registered on the Advance Directive Registry or (ii) access or
13search the Advance Directive Registry to determine whether a
14patient has registered a Department of Public Health Uniform
15POLST form or the terms of the form.
16    (h) A health care professional or health care provider,
17including Emergency Medical Services personnel as defined in
18the Emergency Medical Services (EMS) Systems Act, a hospital
19licensed under the Hospital Licensing Act, and a hospital
20organized under the University of Illinois Hospital Act, is
21not subject to civil or criminal liability or professional
22discipline for failure to access or search the Advance
23Directive Registry. Notwithstanding any other provision of
24this Section, a health care professional or health care
25provider who relies in good faith on the provisions of a
26Department of Public Health Uniform POLST form retrieved from

 

 

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1the Advance Directive Registry is immune from criminal and
2civil liability as described in subsection (d) of Section 65
3of the Health Care Surrogate Act and Section 3.150 of the
4Emergency Medical Services (EMS) Systems Act.".