Sen. A. J. Wilhelmi
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2256 




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    AMENDMENT NO. ______. Amend Senate Bill 2256  by replacing 
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everything after the enacting clause with the following:


 
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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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maker, and witnessed
by one individual 2
individuals 18 years 
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of age or older.


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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.)".