SB3795 104TH GENERAL ASSEMBLY

LRB104 19647 BDA 33096 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3795

Introduced 2/5/2026, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

See Index

Amends the End-of-Life Options for Terminally Ill Patients Act. Expands and clarifies definitions. Requires a mandatory mental health evaluation for all patients requesting medical aid in dying. Strengthens informed consent standards and adds a referral to an Ombudsman when financial concerns influence patient choice. Revises attending and consulting physician duties to include enhanced counseling, documentation, and disclosure requirements. Adds explicit safeguards against coercion or undue influence. Requires detailed recordkeeping and safe disposal of unused medication with reporting to the Department of Public Health. Broadens immunity provisions for good-faith compliance and clarifies protections for physicians present at self-administration. Establishes a Medical Aid-in-Dying Ombudsman Program within the Department of Public Health with authority to review compliance, investigate complaints, and operate a secure reporting portal and hotline. Imposes comprehensive reporting requirements on physicians and directs the Department to publish annual statistical reports with de-identified demographic and clinical data. Prohibits solicitation of medical aid-in-dying services. Mandates training for participating health care professionals on abuse prevention, bias recognition, and disability-competent care. Revises insurance provisions to ensure coverage parity for hospice and palliative care, restricts insurer communications, and clarifies that self-administration does not affect life or health insurance benefits. Provides that a qualified patient's act of self-administering medication shall be indicated on the death certificate (rather than shall not be indicated on the death certificate).

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The End-of-Life Options for Terminally Ill Patients Act is amended by changing Sections 10, 15, 35, 40, 45, 55, 70, 75, 85, and 90 and by adding Sections 77, 97, and 107 as follows:

(410 ILCS 22/10)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 10. Definitions. As used in this Act:

"Adult" means an individual 18 years of age or older.

"Advanced practice registered nurse" means an advanced practice registered nurse licensed under the Nurse Practice Act who is certified as a psychiatric mental health practitioner.

"Aid in dying" means an end-of-life care option that allows a qualified patient to obtain a prescription for medication pursuant to this Act.

"Attending physician" means the physician who has primary responsibility for the care of the patient and treatment of the patient's terminal disease.

"Clinical psychologist" means a psychologist licensed under the Clinical Psychologist Licensing Act.

"Clinical social worker" means a person licensed under the Clinical Social Work and Social Work Practice Act.

"Coercion or undue influence" means the willful or reckless attempt, whether by deception, intimidation, or any other means to:

(1) cause a patient to request, obtain, or self-administer medication pursuant to this Act with intent to cause the death of the patient; or

(2) prevent a qualified patient, in a manner that conflicts with the Health Care Right of Conscience Act, from obtaining or self-administering medication pursuant to this Act.

"Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease.

"Department" means the Department of Public Health.

"Health care entity" means a hospital or hospital affiliate, nursing home, hospice or any other facility licensed under any of the following Acts: the Ambulatory Surgical Treatment Center Act; the Home Health, Home Services, and Home Nursing Agency Licensing Act; the Hospice Program Licensing Act; the Hospital Licensing Act; the Nursing Home Care Act; or the University of Illinois Hospital Act. "Health care entity" does not include a physician.

"Health care professional" means a physician, pharmacist, or licensed mental health care professional.

"Informed decision" means a decision by a patient with mental capacity and a terminal disease to request and obtain a prescription for medication pursuant to this Act, that the qualified patient may self-administer to bring about a peaceful death, after being fully informed by the attending physician and consulting physician of:

(1) the patient's diagnosis and prognosis;

(2) the potential risks and benefits associated with taking the medication to be prescribed;

(3) the probable result of taking the medication to be prescribed;

(4) the feasible end-of-life care and treatment options for the patient's terminal disease, including, but not limited to, comfort care, palliative care, hospice care, and pain control, and the risks and benefits of each;

(5) the patient's right to withdraw a request pursuant this Act, or consent for any other treatment, at any time; and

(6) the patient's right to choose not to obtain the drug or to choose to obtain the drug but not to ingest it.

"Licensed mental health care professional" means a psychiatrist or , clinical psychologist qualified to assess decision-making capacity, including evaluation for depressive disorders, suicidal ideation, cognitive impairment, or other psychiatric conditions that could impair judgement or voluntariness , clinical social worker, or advanced practice registered nurse.

"Mental capacity" means that, in the opinion of the attending physician or the consulting physician or, if the opinion of a licensed mental health care professional is required under Section 45, the licensed mental health care professional, the patient requesting medication pursuant to this Act has the ability to make and communicate an informed decision.

"Oral request" means an affirmative statement that demonstrates a contemporaneous affirmatively stated desire by the patient seeking aid in dying.

"Pharmacist" means an individual licensed to engage in the practice of pharmacy under the Pharmacy Practice Act.

"Physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.

"Psychiatrist" means a physician who has successfully completed a residency program in psychiatry accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

"Qualified patient" means an adult Illinois resident with the mental capacity to make medical decisions who has satisfied the requirements of this Act in order to obtain a prescription for medication to bring about a peaceful death. No person will be considered a "qualified patient" under this Act solely because of advanced age, disability, or a mental health condition, including depression.

"Self-administer" means an affirmative, conscious, voluntary action, performed by a qualified patient, to ingest medication prescribed pursuant to this Act to bring about the patient's peaceful death. "Self-administer" does not include administration by parenteral injection or infusion.

"Terminal disease" means an incurable and irreversible disease that will, within reasonable medical judgment, result in death within 6 months. The existence of a terminal disease, as determined after in-person examination by the patient's physician and concurrence by another physician, shall be documented in writing in the patient's medical record. A diagnosis of a major depressive disorder or any other mental health disorder, as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, alone does not qualify as a terminal disease.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/15)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 15. Informed consent.

(a) Nothing in this Act may be construed to limit the amount of information provided to a patient to ensure the patient can make a fully informed health care decision.

(b) An attending physician must provide sufficient information to a patient regarding all appropriate end-of-life care options, including comfort care, hospice care, palliative care, and pain control, as well as the foreseeable risks and benefits of each, so that the patient can make a voluntary and affirmative decision regarding the patient's end-of-life care.

(c) If a patient makes a request for the patient's medical records to be transmitted to an alternative physician, the patient's medical records shall be transmitted without undue delay.

(d) If a patient expresses that concern about the financial cost of ongoing medical care impacts the patient's choice to seek end of life care, the attending physician shall refer the patient to the Medical Aid in Dying Ombudsman for review of the cost of feasible care options. The patient cannot provide informed consent until the Medical Aid in Dying Ombudsman discusses those options with the patient.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/35)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 35. Attending physician responsibilities.

(a) Following the request of a patient for aid in dying, the attending physician shall conduct an evaluation of the patient and:

(1) determine whether the patient has a terminal disease or has been diagnosed as having a terminal disease;

(2) determine whether a patient has mental capacity;

(3) confirm that the patient's request does not arise from coercion or undue influence, specifically engaging the patient about the influenced caused by:

(A) a concern about the financial cost of treating or prolonging the terminal condition;

(B) a concern about the physical or emotional burden on family, friends, or caregivers;

(C) a concern about the terminal condition representing a steady loss of autonomy;

(D) a concern about the decreasing ability to participate in activities that made life enjoyable;

(E) a concern about the loss of control of bodily functions, such as incontinence and vomiting;

(F) a concern about inadequate pain control at the end of life; and

(G) a concern about a loss of dignity;

(4) inform the patient of:

(A) the diagnosis;

(B) the prognosis;

(C) the potential risks, benefits, and probable result of self-administering the prescribed medication to bring about a peaceful death;

(D) the potential benefits and risks of feasible alternatives, including, but not limited to, concurrent or additional treatment options for the patient's terminal disease, comfort care, palliative care, hospice care, and pain control; and

(E) the patient's right to rescind the request for medication pursuant to this Act at any time;

(5) inform the patient that there is no obligation to fill the prescription nor an obligation to self-administer the medication, if it is obtained;

(5.5) provide the patient with information regarding the existence of the Medical Aid In Dying Ombudsman, the reporting portal, and the hotline;

(6) provide the patient with a referral for comfort care, palliative care, hospice care, pain control, or other end-of-life treatment options as requested by the patient and as clinically indicated;

(7) refer the patient to a consulting physician for medical confirmation that the patient requesting medication pursuant to this Act:

(A) has a terminal disease with a prognosis of 6 months or less to live; and

(B) has mental capacity.

(8) include the consulting physician's written determination in the patient's medical record;

(9) refer the patient to a licensed mental health care professional in accordance with Section 45 if the attending physician observes signs that the individual may not be capable of making an informed decision;

(10) include the licensed mental health care professional's written determination in the patient's medical record, if such determination was requested;

(11) inform the patient of the benefits of notifying the next of kin of the patient's decision to request medication pursuant to this Act;

(12) fulfill the medical record documentation requirements;

(13) ensure that all steps are carried out in accordance with this Act before providing a prescription to a qualified patient for medication pursuant to this Act including:

(A) confirming that the patient has made an informed decision to obtain a prescription for medication;

(B) offering the patient an opportunity to rescind the request for medication; and

(C) providing information to the patient on:

(i) the recommended procedure for self-administering the medication to be prescribed;

(ii) the safekeeping and proper disposal of unused medication in accordance with State and federal law;

(iii) the importance of having another person present when the patient self-administers the medication to be prescribed; and

(iv) not taking the aid-in-dying medication in a public place;

(14) deliver, in accordance with State and federal law, the prescription personally, by mail, or through an authorized electronic transmission to a licensed pharmacist who will dispense the medication, including any ancillary medications, to the qualified patient, or to a person expressly designated by the qualified patient in person or with a signature required on delivery, by mail service, or by messenger service;

(15) if authorized by the Drug Enforcement Administration, dispense the prescribed medication, including any ancillary medications, to the qualified patient or a person designated by the qualified patient; and

(16) include, in the qualified patient's medical record, the patient's diagnosis and prognosis, determination of mental capacity, the date of each oral request, a copy of the written request, a notation that the requirements under this Section have been completed, and an identification of the medication and ancillary medications prescribed to the qualified patient pursuant to this Act.

(b) Notwithstanding any other provision of law, the attending physician may sign the patient's death certificate.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/40)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 40. Consulting physician responsibilities. A consulting physician shall:

(1) conduct an evaluation of the patient and review the patient's relevant medical records, including the evaluation pursuant to Section 45, if such evaluation was necessary;

(2) confirm in writing to the attending physician that the patient:

(A) has requested a prescription for aid-in-dying medication;

(B) has a documented terminal disease;

(C) has mental capacity and or has provided documentation that the consulting health care professional has referred the individual for further evaluation in accordance with Section 45; and

(D) is acting voluntarily, free from coercion or undue influence.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/45)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 45. Referral for determination that the requesting patient has mental capacity.

(a) Prior to a qualified patient receiving a prescription for medical aid in dying medication under this Act, the patient must undergo a mental health evaluation by a qualified mental health professional in accordance with this Section. A mental health evaluation is mandatory.

(b) The attending physician shall refer the patient to a licensed mental health care professional for determination regarding mental capability after confirmation of terminal diagnosis by the consulting physician but before the attending physician may complete the prescription authorization process.

(c) The licensed mental health care professional shall determine whether the patient has decision-making capacity and is free from psychiatric conditions, including, but not limited to, major depressive disorder, acute suicidal ideation, severe cognitive impairment, or other clinically significant mental health disorders that would impair the patient's ability to make an informed, voluntary, and uncoerced request for medical aid in dying.

(d) The licensed mental health care professional who evaluates the patient under this Section shall submit to the attending and consulting physicians a written report of the evaluation, including:

(1) a clinical summary of the evaluation;

(2) a determination of whether the patient possesses decision-making capacity with respect to the medical aid in dying request;

(3) specific findings regarding depressive symptoms, suicidal ideation unrelated to the terminal condition, or other psychiatric features that may impair judgement;

(4) recommendations regarding whether the medical aid in dying request should proceed or be deferred or referred for further treatment.

(e) If the licensed health professional determines that the patient does not have mental capacity or is suffering from a psychiatric or psychological disorder causing impaired judgement, the patient shall not be deemed a qualified patient unless and until capacity is restored and confirmed by a subsequent evaluation by a different qualified mental health professional; the attending physician shall not prescribe medication to the patient under this Act; and the attending physician shall notify the patient in writing of the determination and discuss available options, including referral for psychiatric treatment or supportive care. If capacity is restored and confirmed by a subsequent evaluation by a different qualified mental health professional, the patient shall be deemed a qualified patient and the attending physician shall prescribe medication to the patient under this Act.

(f) The mental health evaluation must be completed and the written report received by the attending physician no fewer than 7 days before the prescription for medication may be issued, unless the patient's attending physician has medically determined that the individual will, within reasonable medical judgement, die within 5 days after making the initial oral request under Section 25.

(g) Both the attending physician and the consulting physician shall be responsible for ensuring the referral to a qualified mental health professional occurs in a timely manner once eligibility criteria in this Act are otherwise satisfied.

(a) If either the attending physician or the consulting physician has doubts whether the individual has mental capacity and if either one is unable to confirm that the individual is capable of making an informed decision, the attending physician or consulting physician shall refer the patient to a licensed mental health professional for determination regarding mental capability.

(b) The licensed mental health professional shall additionally determine whether the patient is suffering from a psychiatric or psychological disorder causing impaired judgment.

(c) The licensed mental health professional who evaluates the patient under this Section shall submit to the requesting attending or consulting physician a written determination of whether the patient has mental capacity.

(d) If the licensed mental health professional determines that the patient does not have mental capacity, or is suffering from a psychiatric or psychological disorder causing impaired judgment, the patient shall not be deemed a qualified patient and the attending physician shall not prescribe medication to the patient under this Act.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/55)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 55. Safe disposal of unused medications. A person who has custody or control of medication prescribed pursuant to this Act after the qualified patient's death shall dispose of the medication by delivering it to the nearest qualified facility that properly disposes of controlled substances or, if none is available, by lawful means in accordance with applicable State and federal guidelines. Record of disposal must be given to the attending physician for submission to the Department.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/70)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 70. Immunities for actions in good faith; prohibition against reprisals.

(a) Except as set forth in Section 65, a health care professional or health care entity shall not be subject to civil or criminal liability, licensing sanctions, or other professional disciplinary action for actions taken in good faith compliance with this Act.

(b) If a health care professional or health care entity is unable or unwilling to carry out an individual's request for aid in dying, the professional or entity shall, at a minimum:

(1) inform the individual of the professional's or entity's inability or unwillingness;

(2) refer the individual either to a health care professional who is able and willing to evaluate and qualify the individual or to another individual or entity to assist the requesting individual in seeking aid in dying, in accordance with the Health Care Right of Conscience Act; and

(3) note, in the medical record, the individual's date of request and health care professional's notice to the individual of the health care professional's unwillingness or inability to carry out the individual's request.

(c) Except as set forth in Section 65, a health care entity or licensing board shall not subject a health care professional to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for engaging in good faith compliance with this Act.

(d) Except as set forth in Section 65, a health care professional, health care entity, or licensing board shall not subject a health care professional to discharge, demotion, censure, discipline, suspension, loss of license, loss of privileges, loss of membership, discrimination, or any other penalty for providing aid-in-dying care in accordance with the standard of care and in good faith under this Act when:

(1) engaged in the outside practice of medicine and off of the objecting health care entity's premises; or

(2) providing scientific and accurate information about aid-in-dying care to a patient when discussing end-of-life care options.

(e) A physician is not subject to civil or criminal liability or professional discipline if, at the request of the qualified patient, the physician is present outside the scope of the physician's employment contract and off the entity's premises, when the qualified patient self-administers medication pursuant to this Act, or at the time of death.

(f) A physician who is present at self-administration may, without civil or criminal liability, assist the qualified patient by preparing the medication prescribed pursuant to this Act.

(g) A request by a patient for aid in dying does not alone constitute grounds for neglect or elder abuse for any purpose of law, nor shall it be the sole basis for appointment of a guardian.

(h) This Section does not limit civil liability for intentional or reckless misconduct.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/75)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 75. Reporting requirements.

(a) Within 45 days after the effective date of this Act, the Department shall create and post to its website an Attending Physician Checklist Form and Attending Physician Follow-Up Form to facilitate collection of the information described in this Section. Failure to create or post the Attending Physician Checklist Form, the Attending Physician Follow-Up Form, or both shall make the not suspend the effective date of this Act inoperative until an Attending Physician Checklist Form and Attending Physician Follow-Up Form are created and posted to the Department's website.

(b) Within 30 calendar days of providing a prescription for medication pursuant to this Act, the attending physician shall submit to the Department an Attending Physician Checklist Form with the following information:

(1) the qualifying patient's name and date of birth;

(2) the qualifying patient's terminal diagnosis and prognosis;

(3) notice that the requirements under this Act were completed; and

(4) notice that medication has been prescribed pursuant to this Act; .

(5) date the attending physician began caring for the patient;

(6) whether the qualifying patient was receiving hospice care when the initial request for a prescription was made;

(7) the type of health-care coverage the qualifying patient has for their underlying illness;

(8) whether the qualifying patient has a disability prior to the terminal diagnosis;

(9) whether the disability was an intellectual or developmental disability, physical disability, or mental health disability if applicable;

(10) the qualifying patient's marital status;

(11) the qualifying patient's education level;

(12) whether the qualifying patient resides in a nursing home, community-based setting, or institutional care;

(13) whether the following possible concerns contributed to the qualifying patient's decision to request a prescription for medical aid in dying:

(A) a concern about the financial cost of treating or prolonging the terminal condition;

(B) a concern about the physical or emotional burden on family, friends, or caregivers;

(C) a concern about the terminal condition representing a steady loss of autonomy;

(D) a concern about the decreasing ability to participate in activities that made life enjoyable;

(E) a concern about the loss of control of bodily functions, such as incontinence and vomiting;

(F) a concern about inadequate pain control at the end of life; and

(G) a concern about a loss of dignity.

(c) Within 60 calendar days of notification of a qualified patient's death from self-administration of medication prescribed pursuant to this Act, the attending physician shall submit to the Department, an Attending Physician Follow-Up Form with the following information:

(1) the qualified patient's name and date of birth;

(2) the date of the qualified patient's death; and

(3) a notation of whether the qualified patient was enrolled in hospice services at the time of the qualified patient's death; .

(4) whether the attending physician, licensed health care provider, or volunteer was at the patient's bedside when the patient took the medication;

(5) whether the attending physician, licensed health care provider, or volunteer was at the patient's bedside at the time of death;

(6) where the patient ingested the medication;

(7) the time between ingesting the medication and unconsciousness;

(8) the time between ingesting the medication and death; and

(9) whether there were any complications that occurred after the patient took the lethal dose of medication.

(d) The information collected shall be confidential and shall be collected in a manner that protects the privacy of the patient, the patient's family, and any health care professional involved with the patient under the provisions of this Act. Except as otherwise required by law, the information collected shall not be public record and may not be made available for inspection by the public. The information shall be privileged and strictly confidential, and shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding.

(e) One year after the effective date of this Act, and each year thereafter, the Department shall create and post on its website a public statistical report of nonidentifying information. The report shall be limited to:

(1) the number of prescriptions for medication written pursuant to this Act;

(2) the number of physicians who wrote prescriptions for medication pursuant to this Act;

(3) the number of qualified patients who died following self-administration of medication prescribed and dispensed pursuant to this Act; and

(4) the number of people who died due to using an aid-in-dying drug, with demographic percentages organized by the following characteristics as aggregated and de-identified data sets:

(A) age at death;

(B) education level;

(C) race;

(D) gender;

(E) type of insurance, including whether the patient had insurance;

(F) underlying illness; and

(G) enrollment in hospice; .

(H) disability status prior to receiving the terminal diagnosis;

(I) type of disability;

(J) marital status;

(K) the following possible concerns contributed to the qualifying patient's decision to request a prescription for medical aid in dying:

(1) a concern about the financial cost of treating or prolonging the terminal condition;

(2) a concern about the physical or emotional burden on family, friends, or caregivers;

(3) a concern about the terminal condition representing a steady loss of autonomy;

(4) a concern about the decreasing ability to participate in activities that made life enjoyable;

(5) a concern about the loss of control of bodily functions, such as incontinence and vomiting;

(6) a concern about inadequate pain control at the end of life; and

(7) a concern about lack of dignity.

(L) place of residence, limited to "nursing home", "community-based setting", or "institutional care";

(M) whether the attending physician, licensed health care provider, or volunteer was at the patient's bedside at the time of death;

(N) where the patient ingested the medication;

(O) the time between ingesting the medication and unconsciousness;

(P) the time between ingesting the medication and death;

(Q) whether there were any complications that occurred after the patient ingested the medication.

(f) Except as otherwise required by law, the information collected by the Department is not a public record, is not available for public inspection, and is not available through the Freedom of Information Act.

(g) Failure Willful failure or refusal to timely submit records within one year of the patient's death as required under this Act shall may result in disciplinary action.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/77 new)

Sec. 77. Medical Aid In Dying Ombudsman.

(a) The Medical Aid In Dying Ombudsman Program shall be established within the Department for the purpose of ensuring physician compliance with this Act and protecting patients with disabilities and other vulnerable populations from abuse, coercion, neglect, or procedural violations related to medical aid in dying.

(b) The Director of Public Health shall appoint a Medical Aid In Dying Ombudsman, who shall possess expertise in disability rights, health law, bioethics, or public health administration. The Ombudsman shall Act independently in performance of duties under this Section.

(c) The Medical Aid In Dying Ombudsman shall have the authority and duty to:

(1) review all physician-submitted forms, attestations, and documentation required under this Act for completeness, accuracy, and compliance;

(2) identify patterns of noncompliance, irregularities, or deviations from statutory safeguards;

(3) receive, view, and investigate complaints or reports alleging abuse, coercion, undue influence, fraud, or violations of this Act;

(4) initiate investigations upon receipt of a complaint or upon reasonable suspicion of noncompliance;

(5) access all records, forms, and documentation submitted pursuant to this Act consistent with state and federal confidentiality laws;

(6) request additional information from attending physicians, consulting physicians, health care facilities, or mental health professionals when necessary;

(7) refer substantiated violations to the Department for enforcement action;

(8) refer cases involving potential criminal conduct to appropriate law enforcement agencies;

(9) refer cases involving professional misconduct to the appropriate licensing board; and

(10) provide information to patients, family members, caregivers, advocates, and health care professionals regarding rights, safeguards, and reporting mechanisms under this Act.

(d) The Department, in coordination with the Medical Aid In Dying Ombudsman, shall establish and maintain a secure, publicly accessible reporting portal and a toll-free, statewide telephone hotline for the purpose of receiving reports related to medical aid in dying. Reporting may be made by patients, family members, health care workers, advocates, or any individual with knowledge of or concern about a medical aid in dying request or prescription. Reports may be submitted anonymously.

(e) The Ombudsman shall issue findings to the Department for appropriate action if the Ombudsman determines that a physician or health care provider has failed to comply with this Act, which may include, but is not limited to:

(1) administrative penalties under rules adopted by the Department;

(2) suspension or revocation of participation under this Act;

(3) referral to professional licensing authorities; and

(4) referral for civil or criminal investigation.

(f) No person shall be retaliated against for making a good-faith report under this Section. Retaliation by an entity regulated by the Department shall constitute a violation subject to enforcement by the Department.

(g) The Department shall publish an annual report summarizing the number of cases reviewed, the number and nature of complaints received, the number of investigations conducted, findings of noncompliance or abuse, and corrective action taken. All reports shall be identified and published in a manner that protects patient privacy.

(410 ILCS 22/85)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 85. Insurance or annuity policies.

(a) The sale, procurement, or issuance of a life, health, or accident insurance policy, annuity policy, or the rate charged for a policy shall not be conditioned upon or affected by a patient's act of making or rescinding a request for medication pursuant to this Act.

(b) A qualified patient's act of self-administering medication pursuant to this Act does not invalidate any part of a life, health, or accident insurance, or annuity policy.

(c) An insurance plan, including medical assistance under Article V of the Illinois Public Aid Code, shall not deny or alter benefits to a patient with or without a terminal disease who is a covered beneficiary of a health insurance plan, based on the availability of aid-in-dying care, their request for medication pursuant to this Act, or the absence of a request for medication pursuant to this Act. Failure to meet this requirement shall constitute a violation of the Illinois Insurance Code.

(d) The Department of Insurance shall enforce the provisions of this Act with respect to any life, health, or accident insurance policy or annuity policy pursuant to the enforcement powers granted to it by law. A violation of this Act by any person or entity under the jurisdiction of the Department of Insurance shall be deemed a violation of the relevant provisions of the Illinois Insurance Code under which the person or entity is authorized to transact business in this State.

(d-5) An insurance plan, including medical assistance under Article V of the Illinois Public Aid Code, shall not provide coverage for medical aid in dying medication without providing coverage for other end of life options, including, but not limited to, hospice care and palliative care.

(e) For the purposes of this Act, "life, health, or accident insurance policy or annuity policy" means any insurance under Class 1(a), 1(b), or 2(a) of the Illinois Insurance Code, a health care plan under the Health Maintenance Organization Act, a limited health care plan under the Limited Health Service Organization Act, a dental service plan under the Dental Service Plans Act, or a voluntary health services plan under the Voluntary Health Services Plan Act.

(f) An insurance provider shall not provide any information in communications made to an individual about the availability of medical aid in dying absent a request by the individual or their attending physician at the behest of the individual. Any communication shall not include both the denial of treatment and information as to the availability of medical aid in dying drug coverage.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/90)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 90. Death certificate.

(a) Unless otherwise prohibited by law, the attending physician may sign the death certificate of a qualified patient who obtained and self-administered a prescription for medication pursuant to this Act.

(b) When a death has occurred in accordance with this Act, the death shall be attributed to the underlying terminal disease, with the information required under subsection (c).

(1) Death following self-administering medication under this Act does not alone constitute grounds for postmortem inquiry.

(2) Death in accordance with this Act shall not be designated a suicide or homicide.

(c) A qualified patient's act of self-administering medication prescribed pursuant to this Act shall not be indicated on the death certificate.

(Source: P.A. 104-441, eff. 9-12-26.)

(410 ILCS 22/97 new)

Sec. 97. Abuse, bias, coercion, and discrimination health care professional training.

(a) Any health care professional or provider who participates in medical aid in dying under this Act, including, but not limited to, attending physicians, consulting physicians, mental health professionals, and health care facilities, shall complete mandatory training on abuse prevention, bias recognition, coercion identification, and disability-competent care prior to participating in services authorized by this Act.

(b) The Illinois Department shall develop, approve, and oversee the required training program. The Department may consult with disability rights organizations, bioethicists, clinicians, and subject-matter experts in health equity and patient safety in developing the curriculum. The curriculum must include training in the counseling of patients about the concerns identified in Section 35(a)(3) and alternatives available for addressing those concerns.

(410 ILCS 22/107 new)

Sec. 107. Prohibiting solicitation. Solicitation of medical aid in dying services by for-profit or nonprofit entities to terminal or non-terminal patients shall be prohibited and constitutes coercion. Violations shall be investigated by the Medical Aid in Dying Ombudsman.