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SB2256 Enrolled |
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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 |
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| 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 |
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| of majority or
having
obtained the status of an emancipated |
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| person pursuant to the Emancipation of
Minors Act may execute a |
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| document (consistent with the Department of Public
Health |
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| Uniform DNR Advance Directive) directing that
resuscitating |
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| efforts shall not be implemented. Such a document may also
be |
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| executed by an attending physician. Notwithstanding the |
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| existence of a do-not-resuscitate (DNR)
DNR order, appropriate |
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| organ donation treatment may be applied or continued
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| temporarily in the event of the patient's death, in accordance |
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| with subsection
(g) of Section 20 of this Act, if the patient |
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| is an organ donor.
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| (b) Consent to a DNR Advance Directive may be obtained from |
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| the individual, or from
another
person at the individual's |
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| direction, or from the individual's legal guardian,
agent under |
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| a
power of attorney for health care, or surrogate decision |
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SB2256 Enrolled |
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LRB096 03265 AJO 13282 b |
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| maker, and witnessed
by one individual 2
individuals 18 years |
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| of age or older, who attests that the individual, other person, |
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| guardian, agent, or surrogate (1) has had an opportunity to |
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| read the form; and (2) has signed the form or acknowledged his |
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| 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 |
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| form adopted by the
Department
of
Public Health pursuant to |
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| 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 |
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| presume, in the
absence
of knowledge to the contrary, that a |
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| completed Department of Public Health
Uniform DNR
Advance |
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| Directive
or a copy of that Advance Directive is a valid DNR |
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| Advance Directive. A health care professional or
health
care |
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| provider, or an employee of a health care professional or |
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| health care
provider, who in
good faith complies
with a |
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| do-not-resuscitate order made in accordance with this Act is |
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| not,
as a result of that compliance, subject to any criminal or |
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| civil liability,
except for willful and wanton misconduct, and
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| may not be found to have committed an act of unprofessional |
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| conduct. |
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| (e) Nothing in this Section or this Amendatory Act of the |
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| 94th General Assembly shall be construed to affect the ability |
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| 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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