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| 1 | AN ACT concerning advance directives.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Health Care Surrogate Act is amended by | ||||||
| 5 | changing Section 65 as follows: | ||||||
| 6 | (755 ILCS 40/65)
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| 7 | Sec. 65. Do-not-resuscitate advance directive forms.
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| 8 | (a) An individual of sound mind and having reached the age | ||||||
| 9 | of majority or
having
obtained the status of an emancipated | ||||||
| 10 | person pursuant to the Emancipation of
Minors Act may execute a | ||||||
| 11 | document (consistent with the Department of Public
Health | ||||||
| 12 | Uniform DNR Advance Directive) directing that
resuscitating | ||||||
| 13 | efforts shall not be implemented. Such a document may also
be | ||||||
| 14 | executed by an attending physician. Notwithstanding the | ||||||
| 15 | existence of a do-not-resuscitate (DNR)
DNR order, appropriate | ||||||
| 16 | organ donation treatment may be applied or continued
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| 17 | temporarily in the event of the patient's death, in accordance | ||||||
| 18 | with subsection
(g) of Section 20 of this Act, if the patient | ||||||
| 19 | is an organ donor.
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| 20 | (b) Consent to a DNR Advance Directive may be obtained from | ||||||
| 21 | the individual, or from
another
person at the individual's | ||||||
| 22 | direction, or from the individual's legal guardian,
agent under | ||||||
| 23 | a
power of attorney for health care, or surrogate decision | ||||||
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| 1 | maker, and witnessed
by one individual 2
individuals 18 years | ||||||
| 2 | of age or older.
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| 3 | (c) The DNR Advance Directive may, but need not, be in the | ||||||
| 4 | form adopted by the
Department
of
Public Health pursuant to | ||||||
| 5 | Section 2310-600 of the Department of Public Health
Powers and
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| 6 | Duties Law (20 ILCS 2310/2310-600).
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| 7 | (d) A health care professional or health care provider may | ||||||
| 8 | presume, in the
absence
of knowledge to the contrary, that a | ||||||
| 9 | completed Department of Public Health
Uniform DNR
Advance | ||||||
| 10 | Directive
or a copy of that Advance Directive is a valid DNR | ||||||
| 11 | Advance Directive. A health care professional or
health
care | ||||||
| 12 | provider, or an employee of a health care professional or | ||||||
| 13 | health care
provider, who in
good faith complies
with a | ||||||
| 14 | do-not-resuscitate order made in accordance with this Act is | ||||||
| 15 | not,
as a result of that compliance, subject to any criminal or | ||||||
| 16 | civil liability,
except for willful and wanton misconduct, and
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| 17 | may not be found to have committed an act of unprofessional | ||||||
| 18 | conduct. | ||||||
| 19 | (e) Nothing in this Section or this Amendatory Act of the | ||||||
| 20 | 94th General Assembly shall be construed to affect the ability | ||||||
| 21 | of a physician to make a do-not-resuscitate DNR order.
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| 22 | (Source: P.A. 93-794, eff. 7-22-04; 94-865, eff. 6-16-06.)
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