Illinois General Assembly - Illinois Compiled Statutes

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 Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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.

20 ILCS 2310/2310-600

(20 ILCS 2310/2310-600)

Sec. 2310-600. Advance directive information.

(a) The Department of Public Health shall prepare and publish the summary of
advance directives law, as required by the federal Patient
Self-Determination Act, and related forms.  Publication may be limited to the World Wide Web. The summary required under this subsection (a) must include the Department of Public Health Uniform POLST form.

(b) The Department of Public Health shall publish
Spanish language
versions of the following:

(1) The statutory Living Will Declaration form.

(2) The Illinois Statutory Short Form Power of

Attorney for Health Care.

(3) The statutory Declaration of Mental Health

Treatment Form.

(4) The summary of advance directives law in Illinois.

(5) The Department of Public Health Uniform POLST

form.

Publication may be limited to the World Wide Web.

(b-5) In consultation with a statewide professional organization
representing
physicians licensed to practice medicine in all its branches, statewide
organizations representing physician assistants, advanced practice registered nurses, nursing homes, registered professional nurses, and emergency medical systems, and a statewide
organization
representing hospitals, the Department of Public Health shall develop and
publish a uniform
form for practitioner cardiopulmonary resuscitation (CPR) or life-sustaining treatment orders that may be utilized in all
settings.  The form shall meet the published minimum requirements to nationally be considered a practitioner orders for life-sustaining treatment form, or POLST, and
may be referred to as the Department of Public Health Uniform POLST form. An electronic version of the Uniform POLST form under this Act may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a  digital or electronic signature. Compliance with the standards defined in the Uniform Electronic Transactions Act or the implementing rules of the Hospital Licensing Act for medical record entry authentication for author validation of the documentation, content accuracy, and completeness meets this standard. This form does not replace a physician's or other practitioner's authority to make a do-not-resuscitate (DNR) order.

(b-10) In consultation with a statewide professional organization representing physicians licensed to practice medicine in all its branches, statewide organizations representing physician assistants, advanced practice registered nurses, nursing homes, registered professional nurses, and emergency medical systems, a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, a not-for-profit organ procurement organization that coordinates organ and tissue donation, a statewide committee or group responsible for stakeholder education about POLST issues, and a statewide organization representing hospitals, the Department of Public Health shall study the feasibility of creating a statewide registry of advance directives and POLST forms. The registry would allow residents of this State to submit the forms and for the forms to be made available to health care providers and professionals in a timely manner for the provision of care or services. This study must be filed with the General Assembly on or before January 1, 2021.

(c) (Blank).

(d) The Department of Public Health shall publish the Department of Public Health Uniform POLST form reflecting the changes made by this amendatory Act of the 98th General Assembly no later than January 1, 2015.

(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21.)