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Public Act 096-0765
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| SB2256 Enrolled |
LRB096 03265 AJO 13282 b |
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AN ACT concerning advance directives.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Health Care Surrogate Act is amended by |
changing Section 65 as follows:
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(755 ILCS 40/65)
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Sec. 65. Do-not-resuscitate advance directive forms.
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(a) An individual of sound mind and having reached the age |
of majority or
having
obtained the status of an emancipated |
person pursuant to the Emancipation of
Minors Act may execute a |
document (consistent with the Department of Public
Health |
Uniform DNR Advance Directive) directing that
resuscitating |
efforts shall not be implemented. Such a document may also
be |
executed by an attending physician. Notwithstanding the |
existence of a do-not-resuscitate (DNR)
DNR order, appropriate |
organ donation treatment may be applied or continued
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temporarily in the event of the patient's death, in accordance |
with subsection
(g) of Section 20 of this Act, if the patient |
is an organ donor.
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(b) Consent to a DNR Advance Directive may be obtained from |
the individual, or from
another
person at the individual's |
direction, or from the individual's legal guardian,
agent under |
a
power of attorney for health care, or surrogate decision |
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maker, and witnessed
by one individual 2
individuals 18 years |
of age or older, who attests that the individual, other person, |
guardian, agent, or surrogate (1) has had an opportunity to |
read the form; and (2) has signed the form or acknowledged his |
or her signature or mark on the form in the witness's presence.
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(c) The DNR Advance Directive may, but need not, be in the |
form adopted by the
Department
of
Public Health pursuant to |
Section 2310-600 of the Department of Public Health
Powers and
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Duties Law (20 ILCS 2310/2310-600).
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(d) A health care professional or health care provider may |
presume, in the
absence
of knowledge to the contrary, that a |
completed Department of Public Health
Uniform DNR
Advance |
Directive
or a copy of that Advance Directive is a valid DNR |
Advance Directive. A health care professional or
health
care |
provider, or an employee of a health care professional or |
health care
provider, who in
good faith complies
with a |
do-not-resuscitate order made in accordance with this Act is |
not,
as a result of that compliance, subject to any criminal or |
civil liability,
except for willful and wanton misconduct, and
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may not be found to have committed an act of unprofessional |
conduct. |
(e) Nothing in this Section or this Amendatory Act of the |
94th General Assembly shall be construed to affect the ability |
of a physician to make a do-not-resuscitate DNR order.
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(Source: P.A. 93-794, eff. 7-22-04; 94-865, eff. 6-16-06.)
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