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| Public Act 103-0908 | ||||
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AN ACT concerning State government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Secretary of State Act is amended by adding | ||||
Section 34 as follows: | ||||
(15 ILCS 305/34 new) | ||||
Sec. 34. Advance Directive Registry. | ||||
(a) By January 1, 2027, the Secretary of State shall | ||||
establish an electronic registry, to be known as the Advance | ||||
Directive Registry, through which residents of the State of | ||||
Illinois may deposit, with the Secretary of State, a completed | ||||
Department of Public Health Uniform Practitioner Order for | ||||
Life-Sustaining Treatment (POLST) form. In calendar year 2026, | ||||
the Secretary of State shall, in good faith, promote the | ||||
Advance Directive Registry throughout the State by | ||||
disseminating information about the Advance Directive Registry | ||||
in the form and manner prescribed by the Secretary of State. | ||||
(b) Information in the Advance Directive Registry shall be | ||||
made available electronically to Emergency Medical Services | ||||
personnel as defined in the Emergency Medical Services (EMS) | ||||
Systems Act, administrators of hospitals licensed under the | ||||
Hospital Licensing Act, and administrators of hospitals | ||||
organized under the University of Illinois Hospital Act. | ||||
Hospital administrators shall, as appropriate for their | ||
respective hospital, provide access to information in the | ||
Advance Directive Registry to hospital health care providers | ||
and health care professionals. Persons may rely on information | ||
obtained from the Advance Directive Registry as an accurate | ||
copy of the documents filed with the Advance Directive | ||
Registry. | ||
(c) Nothing in this Section shall limit the right to amend | ||
or revoke a Department of Public Health Uniform POLST form | ||
previously filed with the Advance Directive Registry. | ||
(d) The Secretary of State shall adopt any rules necessary | ||
to implement this amendatory Act of the 103rd General | ||
Assembly, and the Secretary of State shall also provide on the | ||
Secretary of State's website information regarding use of the | ||
Advance Directive Registry. | ||
(e) In the absence of gross negligence or willful | ||
misconduct, the Secretary of State and employees of the | ||
Secretary of State are immune from any civil or criminal | ||
liability in connection with the creation and maintenance of | ||
the Advance Directive Registry described in this Section. | ||
(f) A person who knowingly submits a document to the | ||
Advance Directive Registry without authorization or assists in | ||
such submission shall be guilty of a Class A misdemeanor. | ||
(g) Nothing in this Section requires a health care | ||
professional or health care provider, including Emergency | ||
Medical Services personnel as defined in the Emergency Medical | ||
Services (EMS) Systems Act, a hospital licensed under the | ||
Hospital Licensing Act, and a hospital organized under the | ||
University of Illinois Hospital Act, to (i) inquire whether a | ||
patient has a Department of Public Health Uniform POLST form | ||
registered on the Advance Directive Registry or (ii) access or | ||
search the Advance Directive Registry to determine whether a | ||
patient has registered a Department of Public Health Uniform | ||
POLST form or the terms of the form. | ||
(h) A health care professional or health care provider, | ||
including Emergency Medical Services personnel as defined in | ||
the Emergency Medical Services (EMS) Systems Act, a hospital | ||
licensed under the Hospital Licensing Act, and a hospital | ||
organized under the University of Illinois Hospital Act, is | ||
not subject to civil or criminal liability or professional | ||
discipline for failure to access or search the Advance | ||
Directive Registry. Notwithstanding any other provision of | ||
this Section, a health care professional or health care | ||
provider who relies in good faith on the provisions of a | ||
Department of Public Health Uniform POLST form retrieved from | ||
the Advance Directive Registry is immune from criminal and | ||
civil liability as described in subsection (d) of Section 65 | ||
of the Health Care Surrogate Act and Section 3.150 of the | ||
Emergency Medical Services (EMS) Systems Act. | ||