Full Text of HB5373 94th General Assembly
HB5373 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5373
Introduced 01/26/06, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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New Act |
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720 ILCS 5/12-31 |
from Ch. 38, par. 12-31 |
755 ILCS 35/7 |
from Ch. 110 1/2, par. 707 |
755 ILCS 35/9 |
from Ch. 110 1/2, par. 709 |
755 ILCS 40/45 |
from Ch. 110 1/2, par. 851-45 |
755 ILCS 40/50 |
from Ch. 110 1/2, par. 851-50 |
755 ILCS 45/4-8 |
from Ch. 110 1/2, par. 804-8 |
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Creates the Pain Control Immunity Act. Provides immunity for a health care
provider who in good faith and pursuant to reasonable professional standards
administers, prescribes, or dispenses medication or procedures to relieve a
qualified patient's pain even though the medications or procedure could hasten
or increase the risk of the patient's death, unless the mediations are intended
to cause death. Provides that life insurance policies, annuities, or other
types of contracts that are conditioned upon the life or death of the patient
are not legally impaired or invalidated by the administering, prescribing, or
dispensing of pain medications or procedures that hasten or increase the risk
of the patient's death, unless the medications are intended to cause death.
Amends
the Criminal Code. Exempts providing pain medication under the Pain Control
Immunity Act from the crime of assisting suicide or assisting an attempt to
commit suicide. Amends the Illinois Living Will Act, the Powers of Attorney
for Health Care Law, and the Health Care Surrogacy Act. Limits health care
provider liability for providing pain medications or procedures under the Pain
Control Immunity Act. Provides that life insurance policies, annuities or
other contracts conditioned on life or death of the patient are not legally
impaired or invalidated by the administering, prescribing, or dispensing of
pain medication as provided in the Pain Control Immunity Act. Effective
immediately.
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A BILL FOR
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HB5373 |
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| AN ACT concerning health care.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Pain | 5 |
| Control Immunity
Act.
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| Section 5. Definitions. As used in this Act:
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| "Attending physician" means the physician selected by, or | 8 |
| assigned to, the
patient and
who has primary responsibility for | 9 |
| the treatment and care of the patient.
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| "Health care provider" or "provider" means the attending | 11 |
| physician and any
other person
administering health care to the | 12 |
| patient at the time of reference who is
licensed, certified, or
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| otherwise authorized or permitted by law to administer health | 14 |
| care in the
ordinary course of
business or the practice of a | 15 |
| profession, including any person employed by or
acting for any
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| authorized person.
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| "Qualified patient" means a patient who has been diagnosed | 18 |
| and verified in
writing to be
afflicted with a terminal | 19 |
| condition by his or her attending physician who has
personally | 20 |
| examined the
patient.
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| "Terminal condition" means an incurable and irreversible | 22 |
| condition that, in
the judgment
of the attending physician to a | 23 |
| reasonable degree of medical certainty, the
patient is not | 24 |
| expected
to survive more than 12 months.
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| Section 10. General provisions. In accordance with | 26 |
| reasonable professional
standards, a
health care provider | 27 |
| authorized by Illinois law to administer, prescribe, or | 28 |
| dispense medications
or procedures may do so to relieve a | 29 |
| qualified patient's pain or discomfort in accordance with the
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| wishes of the patient and the provisions of this Act, even if | 31 |
| the medication or procedure may
hasten or increase the risk of |
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| death. When a health care provider complies with the wishes of | 2 |
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patient and the provisions of this Act, these actions shall | 3 |
| not constitute, for any purpose, assisting
suicide or | 4 |
| committing murder, unless the medications or procedures are | 5 |
| intended to cause death.
Nothing in this Act shall be construed | 6 |
| to condone, authorize, or approve mercy killing or assisted
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| suicide.
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| Section 15. Recording of a terminal condition. Upon | 9 |
| determining that the
patient has a
terminal condition, the | 10 |
| attending physician may record in the patient's medical
record | 11 |
| that
determination and the basis of the determination. The | 12 |
| attending physician who
records in
writing a terminal condition | 13 |
| under this Section is presumed to be acting in
good faith. | 14 |
| Unless it
is alleged and proved that his or her action violated | 15 |
| the standard of
reasonable professional care
and judgment under | 16 |
| the circumstance, the attending physician is immune from
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| criminal and civil
liability and professional disciplinary | 18 |
| action that otherwise might be
incurred.
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| Section 20. Immunities. No health care provider who in | 20 |
| good faith and
pursuant to
reasonable professional standards | 21 |
| administers, prescribes, or dispenses
medication or procedures
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| to relieve a qualified patient's pain or discomfort in | 23 |
| accordance with the
wishes of the patient
and the provisions of | 24 |
| this Act, even if the medication or procedure may hasten
or | 25 |
| increase the
risk of death, shall be subject to criminal or | 26 |
| civil liability or professional
disciplinary action,
unless | 27 |
| the medications or procedures are intended to cause death.
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| Section 25. Life insurance. No policy of life insurance, | 29 |
| or annuity or other
type of
contract that is conditioned on the | 30 |
| life or death of the patient, shall be
legally impaired or
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| invalidated in any manner by the administering, prescribing, or | 32 |
| dispensing of
medication or
procedures to relieve a qualified | 33 |
| patient's pain or discomfort in accordance
with the wishes of
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| the patient and the provisions of this Act, even if the | 2 |
| medication or procedure
may hasten or
increase the risk of | 3 |
| death, unless the medications or procedures are intended
to | 4 |
| cause death,
notwithstanding any terms of the policy, annuity, | 5 |
| or contract to the contrary.
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| Section 30. Conscience of health care provider. A health | 7 |
| care provider who
because of
personal views, beliefs, or | 8 |
| conscience is unwilling to administer, prescribe,
or dispense
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| medication or procedures to relieve a qualified patient's pain | 10 |
| or discomfort in
accordance with
the wishes of the patient and | 11 |
| the provisions of this Act shall promptly notify
the patient or | 12 |
| the
person charged with making health care decisions for the | 13 |
| patient, who then
shall be responsible
to make the necessary | 14 |
| arrangements for his or her transfer to the care of
another | 15 |
| provider. A
provider who is unwilling to comply with the | 16 |
| patient's decision will continue
to afford
reasonably | 17 |
| necessary consultation and care in connection with the | 18 |
| transfer.
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| Section 300. The Criminal Code of 1961 is amended by | 20 |
| changing Section
5/12-31
as follows:
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| (720 ILCS 5/12-31) (from Ch. 38, par. 12-31)
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| Sec. 12-31. Inducement to Commit Suicide.
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| (a) A person commits the
offense of inducement to commit | 24 |
| suicide when he or she does either of the
following:
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| (1) Coerces another to
commit suicide and the other | 26 |
| person commits or
attempts to commit suicide as a direct | 27 |
| result of
the coercion, and he or she exercises substantial | 28 |
| control over the other
person
through (i) control of the | 29 |
| other person's physical location or
circumstances; (ii) | 30 |
| use of psychological pressure; or (iii) use of actual or
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| ostensible religious,
political, social, philosophical or | 32 |
| other principles.
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| (2) With knowledge that another person intends to |
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| commit or attempt to
commit suicide, intentionally (i) | 2 |
| offers and provides the physical means by
which another | 3 |
| person commits or attempts to commit suicide, or (ii)
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| participates in a physical act by which another person | 5 |
| commits or attempts to
commit suicide.
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| For the purposes of
this Section, "attempts to commit | 7 |
| suicide" means any act done with the intent
to
commit suicide | 8 |
| and which constitutes a substantial step toward commission of
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| suicide.
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| (b) Sentence. Inducement to commit suicide under paragraph | 11 |
| (a)(1) when
the other person
commits suicide as a direct result | 12 |
| of the coercion is a Class 2 felony.
Inducement to commit | 13 |
| suicide under paragraph (a)(2) when the other person
commits | 14 |
| suicide as a direct result of the assistance provided is a | 15 |
| Class 4
felony.
Inducement to commit suicide under paragraph | 16 |
| (a)(1) when the other person
attempts to commit
suicide as a | 17 |
| direct result of the coercion is a Class 3 felony.
Inducement | 18 |
| to commit suicide under paragraph (a)(2) when the other person
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| attempts to commit suicide as a direct result of the assistance | 20 |
| provided is a
Class A misdemeanor.
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| (c) The lawful compliance or a good-faith attempt at lawful | 22 |
| compliance
with the Illinois Living Will Act, the Health Care | 23 |
| Surrogate Act, or the Powers
of Attorney for Health Care Law is | 24 |
| not inducement to commit suicide under
paragraph (a)(2) of this | 25 |
| Section.
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| (d) It is not considered assisting suicide or assisting an | 27 |
| attempt to
commit suicide if a
health care provider (as defined | 28 |
| in the Pain Control Immunity Act) administers,
prescribes, or
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| dispenses medications or procedures to relieve a person's pain | 30 |
| or discomfort in
accordance with
the provisions of this Code | 31 |
| and the Pain Control Immunity Act, even if the
medication or
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| procedure may hasten or increase the risk of death, unless the | 33 |
| medications or
procedures are
intended to cause death.
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| (Source: P.A. 87-1167; 88-392.)
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| Section 305. The Illinois Living Will Act is amended by |
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| changing Sections 7
and 9 as
follows:
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| (755 ILCS 35/7) (from Ch. 110 1/2, par. 707)
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| Sec. 7. Immunity. The desires of a qualified patient shall | 4 |
| at all
times supersede the effect of the declaration.
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| A physician or other health-care provider may presume, in | 6 |
| the
absence of knowledge to the contrary, that a declaration | 7 |
| complies
with this Act and is valid.
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| No physician, health care provider or employee thereof who | 9 |
| in good faith
and pursuant to reasonable medical standards | 10 |
| causes or participates in the
withholding or withdrawing of | 11 |
| death delaying
procedures from , or the administering, | 12 |
| prescribing, or dispensing of
medication or procedures for pain | 13 |
| control in accordance with the Pain Control
Immunity Act to
a | 14 |
| qualified patient pursuant to a declaration which purports
to | 15 |
| have been made in accordance with this Act shall as a result | 16 |
| thereof,
be subject to criminal or civil liability, or be found | 17 |
| to have committed
an act of unprofessional conduct.
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| (Source: P.A. 85-860.)
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| (755 ILCS 35/9) (from Ch. 110 1/2, par. 709)
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| Sec. 9. General provisions. (a) The withholding or | 21 |
| withdrawal of
death delaying procedures from , or | 22 |
| administering, prescribing, or dispensing
of medication or | 23 |
| procedures for pain control in accordance with the Pain
Control | 24 |
| Immunity Act even if doing so hastens death, unless the | 25 |
| medications or
procedures are intended to cause death, to a | 26 |
| qualified patient in accordance
with the
provisions of this Act | 27 |
| shall not, for any purpose, constitute a suicide ,
assisting | 28 |
| suicide, or murder .
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| (b) The making of a declaration pursuant to Section 3 shall | 30 |
| not affect
in any manner the sale, procurement, or issuance of | 31 |
| any policy of life
insurance, nor shall it be deemed to modify | 32 |
| the terms of an existing policy
of life insurance. No policy of | 33 |
| life insurance shall be legally impaired
or invalidated in any | 34 |
| manner by the withholding or withdrawal of death
delaying |
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| procedures from , or the administering, prescribing, or | 2 |
| dispensing of
medication or procedures for pain control in | 3 |
| accordance with the Pain Control
Immunity Act to, an insured | 4 |
| qualified patient, notwithstanding any
term of the policy to | 5 |
| the contrary.
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| (c) No physician, health care facility, or other health | 7 |
| care provider,
and no health care service plan, health | 8 |
| maintenance organization, insurer
issuing disability | 9 |
| insurance, self-insured employe welfare benefit plan,
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| nonprofit medical service corporation or mutual nonprofit | 11 |
| hospital service
corporation shall require any person to | 12 |
| execute a declaration as a
condition for being insured for, or | 13 |
| receiving, health care services.
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| (d) Nothing in this Act shall impair or supersede any legal | 15 |
| right or legal
responsibility which any person may have to | 16 |
| effect the withholding or
withdrawal of death delaying | 17 |
| procedures in any lawful manner. In such
respect the provisions | 18 |
| of this Act are cumulative.
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| (e) This Act shall create no presumption concerning the | 20 |
| intention of an
individual who has not executed a declaration | 21 |
| to consent to the use or
withholding of death delaying | 22 |
| procedures in the event of a terminal condition.
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| (f) Nothing in this Act shall be construed to condone, | 24 |
| authorize or approve
mercy killing or to permit any affirmative | 25 |
| or deliberate act or omission
to end life other than to permit | 26 |
| the natural process of dying as provided in this Act.
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| (g) An instrument executed before the effective date of | 28 |
| this Act
that substantially complies with paragraph (e) of | 29 |
| Section 3 shall be given
effect pursuant to the provisions of | 30 |
| this Act.
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| (h) A declaration executed in another state in compliance | 32 |
| with the
law of that state or this State is validly executed | 33 |
| for purposes of this
Act, and such declaration shall be applied | 34 |
| in accordance with the
provisions of this Act.
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| (Source: P.A. 85-860.)
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| Section 310. The Health Care Surrogate Act is amended by | 2 |
| changing Sections
45 and 50 as follows:
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| (755 ILCS 40/45) (from Ch. 110 1/2, par. 851-45)
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| Sec. 45. Life insurance. No policy of life insurance, or
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| annuity or other type of contract that is conditioned on the | 6 |
| life
or death of the patient, shall be legally impaired or | 7 |
| invalidated in
any manner by the withholding or withdrawal of | 8 |
| life-sustaining
treatment from , or by administering, | 9 |
| prescribing, or dispensing of medication
or procedures for pain | 10 |
| control in accordance with the Pain Control Immunity
Act, even | 11 |
| if the medication or procedure may hasten or increase the risk | 12 |
| of
death, unless the medications or procedures are intended to | 13 |
| cause death, to a
patient in accordance with the provisions of | 14 |
| this
Act, notwithstanding any terms of the policy to the | 15 |
| contrary.
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| (Source: P.A. 87-749.)
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| (755 ILCS 40/50) (from Ch. 110 1/2, par. 851-50)
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| Sec. 50. Not suicide or murder.
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| (a) The withholding or
withdrawal of life-sustaining | 20 |
| treatment from a patient in
accordance with the provisions of | 21 |
| this Act does not, for any
purpose, constitute suicide or | 22 |
| murder.
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| (b) Administering, prescribing, or dispensing medications | 24 |
| or procedures to
relieve a
person's pain or discomfort in | 25 |
| accordance with the provisions of this Act and
the Pain Control
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| Immunity Act, even if the medication or procedure may hasten or | 27 |
| increase the
risk of death, is
not, for any purpose, suicide, | 28 |
| assisting suicide, or committing murder, unless
the | 29 |
| medications or
procedures are intended to cause death.
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| (c) The withholding or
withdrawal of life-sustaining | 31 |
| treatment from a patient in
accordance with the provisions of | 32 |
| this Act,
or the administering, prescribing, or dispensing | 33 |
| medications or procedures
to relieve a
person's pain or | 34 |
| discomfort in accordance with the Pain Control Immunity Act,
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| however, shall not
relieve any individual of responsibility for | 2 |
| any criminal acts that
may have caused the existence of the | 3 |
| qualifying condition in the
patient. Nothing in this Act shall | 4 |
| be construed to condone,
authorize, or approve mercy killing or | 5 |
| assisted suicide.
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| (Source: P.A. 87-749.)
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| Section 315. The Illinois Power of Attorney Act is amended | 8 |
| by changing
Section 4-8 as follows:
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| (755 ILCS 45/4-8) (from Ch. 110 1/2, par. 804-8)
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| Sec. 4-8. Immunities of health care providers, agents and | 11 |
| others in
relation to health care agencies. Each health care | 12 |
| provider and each other
person who acts in good faith reliance | 13 |
| on any direction or decision by the
agent that is not clearly | 14 |
| contrary to the terms of a health care agency (a
"reliant") | 15 |
| will be protected and released to the same extent as though the
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| reliant had dealt directly with the principal as a | 17 |
| fully-competent person.
Without limiting the generality of the | 18 |
| foregoing, the following specific
principles shall also | 19 |
| govern, protect and validate the acts of the agent
and each | 20 |
| reliant:
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| (a) No reliant shall be subject to any type of civil or | 22 |
| criminal
liability or discipline for unprofessional conduct | 23 |
| for complying with any
direction or decision by the agent, even | 24 |
| if death or injury to the patient ensues.
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| (b) No reliant shall be subject to any type of civil or | 26 |
| criminal
liability or discipline for unprofessional conduct | 27 |
| for failure to comply
with any direction or decision by the | 28 |
| agent that violates the reliant's
conscience rights, as long as | 29 |
| the reliant promptly informs the agent of
reliant's refusal or | 30 |
| failure to comply with such direction or decision by
the agent. | 31 |
| The agent shall then be responsible to make the necessary
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| arrangements for the transfer of the patient to another | 33 |
| provider. It is
understood that a provider who is unwilling to | 34 |
| comply with the agent's
decision will continue to afford |
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| reasonably necessary consultation and care
in connection with | 2 |
| the transfer.
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| (c) If the actions of a health care provider who fails to | 4 |
| comply with
any direction or decision by the agent are | 5 |
| substantially in accord with
reasonable medical standards at | 6 |
| the time of reference and the provider
cooperates in the | 7 |
| transfer of the patient pursuant to subsection (b) of
Section | 8 |
| 4-7 of this Act, the provider shall not be subject to any type | 9 |
| of civil
or
criminal liability or discipline for unprofessional | 10 |
| conduct for failure to
comply with the agent.
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| (d) No agent who in good faith acts with due care for the | 12 |
| benefit of the
patient and in accordance with the terms of a | 13 |
| health care agency, or who
fails to act, shall be subject to | 14 |
| any type of civil or criminal liability
for such action or | 15 |
| inaction.
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| (e) If the patient's death results from withholding or | 17 |
| withdrawing
life-sustaining treatment , or administering, | 18 |
| prescribing, or dispensing
medication or procedures for
pain | 19 |
| control as
provided for the in Pain Control Immunity Act,
in | 20 |
| accordance with the terms of a health care
agency, the death | 21 |
| shall not constitute a suicide , assisting a suicide, or
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| homicide for any
purpose under any statute or other rule of law | 23 |
| and shall not impair or
invalidate any insurance, annuity or | 24 |
| other type of contract that is
conditioned on the life or death | 25 |
| of the patient, any term of the contract to
the contrary | 26 |
| notwithstanding.
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| (Source: P.A. 85-1395.)
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| Section 999. Effective date. This Act takes effect upon | 29 |
| becoming law. |
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