HB4031 94TH GENERAL ASSEMBLY

LRB094 09676 LCB 39932 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4031

Introduced 02/28/05, by Rep. Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

New Act

Creates the Designation of Person to Exercise Parental Rights Act. Provides that a parent of a minor may designate another person to exercise parental rights in relationship to the minor child. Lists the requirements for a designation. Provides that a parent may revoke a designation by notifying, either verbally or in writing, the designee or a school, health care provider, or health plan to which the designation has been presented, or by any other act evidencing a specific intent to evoke. Provides that a designation is revoked by the execution of a subsequent designation by the parent. Limits the liability of a person who acts based upon the consent of a designee and who reasonably and in good faith believes that the parent has in fact authorized the designee to provide the consent. Provides that a person may be deemed to have acted negligently, unreasonably, or improperly if he or she has knowledge of facts indicating that the designation was never given, did not extend to act or acts in question, or was revoked. Effective immediately.

A BILL FOR

AN ACT concerning parental rights.

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

Section 1. Short title. This Act may be cited as the Designation of Person to Exercise Parental Rights Act.

Section 5. Designation. A parent of a minor may designate another person to exercise parental rights in relationship to the minor child. The designation shall be in the form prescribed by this Act and may be presented to any school, health care provider, or health plan.

Section 10. Requirements for designation.

(a) A designation of a person to exercise parental rights pursuant to this Act shall be in writing and shall include:

(1) the name of the parent;

(2) the name of the designee;

(3) an address and telephone number where the parent can be reached, if available;

(4) the name and date of birth of each of the minor children with respect to whom such designation is made;

(5) the date or contingent event on which the designation commences;

(6) the written consent of the designee to the designation; and

(7) the parent's signature and the date of the signature.

(b) The designation may specify a period of time for which the designation shall be valid unless earlier revoked.

Section 15. Authorization; limitation. A designation may specify:

(1) the treatment, diagnosis or activities for which consent is authorized;

(2) any treatment, diagnosis, or activity for which consent is not authorized; or

(3) any other limitation on the duties and responsibilities of the designee.

Section 20. Revocation. A parent may revoke a designation by notifying, either verbally or in writing, the designee or a school, health care provider, or health plan to which the designation has been presented, or by any other act evidencing a specific intent to evoke. A designation shall also be revoked upon the execution by the parent of a subsequent designation.

Section 25. Liability of designee. A person who acts based upon the consent of a designee who reasonably and in good faith believes that the parent has in fact authorized the designee to provide the consent, may not be deemed to have acted negligently, unreasonably, or improperly in accepting the designation and acting upon the consent. A person may be deemed to have acted negligently, unreasonably, or improperly if he or she has knowledge of facts indicating that the designation was never given, did not extend to act or acts in question, or was revoked.

Section 99. Effective date. This Act takes effect upon becoming law.