(755 ILCS 35/8)
(from Ch. 110 1/2, par. 708)
(a) Any person who willfully conceals, cancels, defaces, obliterates, or
damages the declaration of another without such declarant's consent or who
falsifies or forges a revocation of the declaration of another or who
willfully fails to comply with Section 6 shall be civilly liable.
(b) Any person who coerces or fraudulently induces another to execute
a declaration or falsifies or forges the declaration of another, or
willfully conceals or withholds personal knowledge of a revocation as provided
in Section 5 with the intent to cause a withholding or withdrawal of
death delaying procedures contrary to the wishes of the qualified patient
and thereby, because of such act, directly causes death delaying
procedures to be withheld or withdrawn and death to another thereby be
hastened, shall be subject to prosecution for involuntary manslaughter.
(c) A physician or other health-care provider who willfully fails to notify
the health care facility or fails to comply with Section 6 is guilty of
engaging in unethical and unprofessional conduct in violation of paragraph
(A)(5) of Section 22 of the Medical Practice Act of
(d) A physician who willfully fails to record the determination of
terminal condition in accordance with
Section 4, without giving the notice required by Section 6 of his
unwillingness to comply with the provisions of the patient's declaration,
is guilty of willfully omitting to file or record medical reports as
required by law in violation of paragraph (A)(22) of
Section 22 of the Medical Practice Act of 1987.
(e) A person who requires or prohibits the execution of a
declaration as a condition for being insured for, or receiving, health-care
services is guilty of a class A misdemeanor.
(f) The penalties provided in this Section do not displace any
penalty applicable under other law.
(Source: P.A. 90-14, eff. 7-1-97.)