Rep. Eva-Dina Delgado
Filed: 5/8/2024
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1 | AMENDMENT TO SENATE BILL 2644 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2644 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Secretary of State Act is amended by | ||||||
5 | adding Section 34 as follows: | ||||||
6 | (15 ILCS 305/34 new) | ||||||
7 | Sec. 34. Advance Directive Registry. | ||||||
8 | (a) By January 1, 2027, the Secretary of State shall | ||||||
9 | establish an electronic registry, to be known as the Advance | ||||||
10 | Directive Registry, through which residents of the State of | ||||||
11 | Illinois may deposit, with the Secretary of State, a completed | ||||||
12 | Department of Public Health Uniform Practitioner Order for | ||||||
13 | Life-Sustaining Treatment (POLST) form. In calendar year 2026, | ||||||
14 | the Secretary of State shall, in good faith, promote the | ||||||
15 | Advance Directive Registry throughout the State by | ||||||
16 | disseminating information about the Advance Directive Registry |
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1 | in the form and manner prescribed by the Secretary of State. | ||||||
2 | (b) Information in the Advance Directive Registry shall be | ||||||
3 | made available electronically to Emergency Medical Services | ||||||
4 | personnel as defined in the Emergency Medical Services (EMS) | ||||||
5 | Systems Act, administrators of hospitals licensed under the | ||||||
6 | Hospital Licensing Act, and administrators of hospitals | ||||||
7 | organized under the University of Illinois Hospital Act. | ||||||
8 | Hospital administrators shall, as appropriate for their | ||||||
9 | respective hospital, provide access to information in the | ||||||
10 | Advance Directive Registry to hospital health care providers | ||||||
11 | and health care professionals. Persons may rely on information | ||||||
12 | obtained from the Advance Directive Registry as an accurate | ||||||
13 | copy of the documents filed with the Advance Directive | ||||||
14 | Registry. | ||||||
15 | (c) Nothing in this Section shall limit the right to amend | ||||||
16 | or revoke a Department of Public Health Uniform POLST form | ||||||
17 | previously filed with the Advance Directive Registry. | ||||||
18 | (d) The Secretary of State shall adopt any rules necessary | ||||||
19 | to implement this amendatory Act of the 103rd General | ||||||
20 | Assembly, and the Secretary of State shall also provide on the | ||||||
21 | Secretary of State's website information regarding use of the | ||||||
22 | Advance Directive Registry. | ||||||
23 | (e) In the absence of gross negligence or willful | ||||||
24 | misconduct, the Secretary of State and employees of the | ||||||
25 | Secretary of State are immune from any civil or criminal | ||||||
26 | liability in connection with the creation and maintenance of |
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1 | the Advance Directive Registry described in this Section. | ||||||
2 | (f) A person who knowingly submits a document to the | ||||||
3 | Advance Directive Registry without authorization or assists in | ||||||
4 | such submission shall be guilty of a Class A misdemeanor. | ||||||
5 | (g) Nothing in this Section requires a health care | ||||||
6 | professional or health care provider, including Emergency | ||||||
7 | Medical Services personnel as defined in the Emergency Medical | ||||||
8 | Services (EMS) Systems Act, a hospital licensed under the | ||||||
9 | Hospital Licensing Act, and a hospital organized under the | ||||||
10 | University of Illinois Hospital Act, to (i) inquire whether a | ||||||
11 | patient has a Department of Public Health Uniform POLST form | ||||||
12 | registered on the Advance Directive Registry or (ii) access or | ||||||
13 | search the Advance Directive Registry to determine whether a | ||||||
14 | patient has registered a Department of Public Health Uniform | ||||||
15 | POLST form or the terms of the form. | ||||||
16 | (h) A health care professional or health care provider, | ||||||
17 | including Emergency Medical Services personnel as defined in | ||||||
18 | the Emergency Medical Services (EMS) Systems Act, a hospital | ||||||
19 | licensed under the Hospital Licensing Act, and a hospital | ||||||
20 | organized under the University of Illinois Hospital Act, is | ||||||
21 | not subject to civil or criminal liability or professional | ||||||
22 | discipline for failure to access or search the Advance | ||||||
23 | Directive Registry. Notwithstanding any other provision of | ||||||
24 | this Section, a health care professional or health care | ||||||
25 | provider who relies in good faith on the provisions of a | ||||||
26 | Department of Public Health Uniform POLST form retrieved from |
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1 | the Advance Directive Registry is immune from criminal and | ||||||
2 | civil liability as described in subsection (d) of Section 65 | ||||||
3 | of the Health Care Surrogate Act and Section 3.150 of the | ||||||
4 | Emergency Medical Services (EMS) Systems Act. ". |