Illinois General Assembly - Full Text of SB0182
Illinois General Assembly

Previous General Assemblies

Full Text of SB0182  101st General Assembly

SB0182sam001 101ST GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 3/28/2019

 

 


 

 


 
10100SB0182sam001LRB101 04969 LNS 58723 a

1
AMENDMENT TO SENATE BILL 182

2    AMENDMENT NO. ______. Amend Senate Bill 182 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Purposes and construction. This Act shall be
5construed consistently with what is reasonable under the
6circumstances and to effectuate the following purposes:
7    (1) To enable an individual to easily document and share
8the individual's advance care planning wishes.
9    (2) To facilitate electronic capture, transmission, and
10storage of an individual's advance care planning wishes by
11means of a reliable electronic solution.
12    (3) To facilitate and promote the sharing of an
13individual's advance care planning wishes among care providers
14by eliminating barriers resulting from paper documents
15containing these wishes that are not easily transferred and
16accessed, thus promoting the opportunity for the patient's
17wishes to be known in all of the health care settings the

 

 

10100SB0182sam001- 2 -LRB101 04969 LNS 58723 a

1patient may encounter.
 
2    Section 5. The Electronic Commerce Security Act is amended
3by changing Sections 5-115 and 5-120 as follows:
 
4    (5 ILCS 175/5-115)
5    Sec. 5-115. Electronic records.
6    (a) Where a rule of law requires information to be
7"written" or "in writing", or provides for certain consequences
8if it is not, an electronic record satisfies that rule of law.
9    (b) The provisions of this Section shall not apply:
10        (1) when its application would involve a construction
11    of a rule of law that is clearly inconsistent with the
12    manifest intent of the lawmaking body or repugnant to the
13    context of the same rule of law, provided that the mere
14    requirement that information be "in writing", "written",
15    or "printed" shall not by itself be sufficient to establish
16    such intent;
17        (2) to any rule of law governing the creation or
18    execution of a will or trust, living will, or healthcare
19    power of attorney; and
20        (3) to any record that serves as a unique and
21    transferable instrument of rights and obligations
22    including, without limitation, negotiable instruments and
23    other instruments of title wherein possession of the
24    instrument is deemed to confer title, unless an electronic

 

 

10100SB0182sam001- 3 -LRB101 04969 LNS 58723 a

1    version of such record is created, stored, and transferred
2    in a manner that allows for the existence of only one
3    unique, identifiable, and unalterable original with the
4    functional attributes of an equivalent physical
5    instrument, that can be possessed by only one person, and
6    which cannot be copied except in a form that is readily
7    identifiable as a copy.
8(Source: P.A. 90-759, eff. 7-1-99.)
 
9    (5 ILCS 175/5-120)
10    Sec. 5-120. Electronic signatures.
11    (a) Where a rule of law requires a signature, or provides
12for certain consequences if a document is not signed, an
13electronic signature satisfies that rule of law.
14    (a-5) In the course of exercising any permitting,
15licensing, or other regulatory function, a municipality may
16accept, but shall not require, documents with an electronic
17signature, including, but not limited to, the technical
18submissions of a design professional with an electronic
19signature.
20    (b) An electronic signature may be proved in any manner,
21including by showing that a procedure existed by which a party
22must of necessity have executed a symbol or security procedure
23for the purpose of verifying that an electronic record is that
24of such party in order to proceed further with a transaction.
25    (c) The provisions of this Section shall not apply:

 

 

10100SB0182sam001- 4 -LRB101 04969 LNS 58723 a

1        (1) when its application would involve a construction
2    of a rule of law that is clearly inconsistent with the
3    manifest intent of the lawmaking body or repugnant to the
4    context of the same rule of law, provided that the mere
5    requirement of a "signature" or that a record be "signed"
6    shall not by itself be sufficient to establish such intent;
7        (2) to any rule of law governing the creation or
8    execution of a will or trust, living will, or healthcare
9    power of attorney; and
10        (3) to any record that serves as a unique and
11    transferable instrument of rights and obligations
12    including, without limitation, negotiable instruments and
13    other instruments of title wherein possession of the
14    instrument is deemed to confer title, unless an electronic
15    version of such record is created, stored, and transferred
16    in a manner that allows for the existence of only one
17    unique, identifiable, and unalterable original with the
18    functional attributes of an equivalent physical
19    instrument, that can be possessed by only one person, and
20    which cannot be copied except in a form that is readily
21    identifiable as a copy.
22(Source: P.A. 98-289, eff. 1-1-14.)
 
23    Section 10. The Department of Public Health Powers and
24Duties Law of the Civil Administrative Code of Illinois is
25amended by changing Section 2310-600 as follows:
 

 

 

10100SB0182sam001- 5 -LRB101 04969 LNS 58723 a

1    (20 ILCS 2310/2310-600)
2    Sec. 2310-600. Advance directive information.
3    (a) The Department of Public Health shall prepare and
4publish the summary of advance directives law, as required by
5the federal Patient Self-Determination Act, and related forms.
6Publication may be limited to the World Wide Web. The summary
7required under this subsection (a) must include the Department
8of Public Health Uniform POLST form.
9    (b) The Department of Public Health shall publish Spanish
10language versions of the following:
11        (1) The statutory Living Will Declaration form.
12        (2) The Illinois Statutory Short Form Power of Attorney
13    for Health Care.
14        (3) The statutory Declaration of Mental Health
15    Treatment Form.
16        (4) The summary of advance directives law in Illinois.
17        (5) The Department of Public Health Uniform POLST form.
18    Publication may be limited to the World Wide Web.
19    (b-5) In consultation with a statewide professional
20organization representing physicians licensed to practice
21medicine in all its branches, statewide organizations
22representing physician assistants, advanced practice
23registered nurses, nursing homes, registered professional
24nurses, and emergency medical systems, and a statewide
25organization representing hospitals, the Department of Public

 

 

10100SB0182sam001- 6 -LRB101 04969 LNS 58723 a

1Health shall develop and publish a uniform form for
2practitioner cardiopulmonary resuscitation (CPR) or
3life-sustaining treatment orders that may be utilized in all
4settings. The form shall meet the published minimum
5requirements to nationally be considered a practitioner orders
6for life-sustaining treatment form, or POLST, and may be
7referred to as the Department of Public Health Uniform POLST
8form. An electronic version of the Uniform POLST form under
9this Act may be created, signed, or revoked electronically
10using a generic, technology-neutral system in which each user
11is assigned a unique identifier that is securely maintained and
12in a manner that meets the regulatory requirements for a
13digital or electronic signature. Compliance with the standards
14defined in the Electronic Commerce Security Act or the
15implementing rules of the Hospital Licensing Act for medical
16record entry authentication for author validation of the
17documentation, content accuracy, and completeness meets this
18standard. This form does not replace a physician's or other
19practitioner's authority to make a do-not-resuscitate (DNR)
20order.
21    (b-10) In consultation with a statewide professional
22organization representing physicians licensed to practice
23medicine in all its branches, statewide organizations
24representing physician assistants, advanced practice
25registered nurses, nursing homes, registered professional
26nurses, and emergency medical systems, a statewide bar

 

 

10100SB0182sam001- 7 -LRB101 04969 LNS 58723 a

1association, a national bar association with an Illinois
2chapter that concentrates in elder and disability law, a
3not-for-profit organ procurement organization that coordinates
4organ and tissue donation, a statewide committee or group
5responsible for stakeholder education about POLST issues, and a
6statewide organization representing hospitals, the Department
7of Public Health shall study the feasibility of creating a
8statewide registry of advance directives and POLST forms. The
9registry would allow residents of this State to submit the
10forms and for the forms to be made available to health care
11providers and professionals in a timely manner for the
12provision of care or services. This study must be filed with
13the General Assembly on or before January 1, 2021.
14    (c) (Blank).
15    (d) The Department of Public Health shall publish the
16Department of Public Health Uniform POLST form reflecting the
17changes made by this amendatory Act of the 98th General
18Assembly no later than January 1, 2015.
19(Source: P.A. 99-319, eff. 1-1-16; 99-581, eff. 1-1-17;
20100-513, eff. 1-1-18.)
 
21    Section 15. The Illinois Living Will Act is amended by
22changing Sections 2, 5, and 9 as follows:
 
23    (755 ILCS 35/2)  (from Ch. 110 1/2, par. 702)
24    Sec. 2. Definitions:

 

 

10100SB0182sam001- 8 -LRB101 04969 LNS 58723 a

1    (a) "Attending physician" means the physician selected by,
2or assigned to, the patient who has primary responsibility for
3the treatment and care of the patient.
4    (b) "Declaration" means a witnessed document in writing, in
5a hard copy or electronic format, voluntarily executed by the
6declarant in accordance with the requirements of Section 3.
7    (c) "Health-care provider" means a person who is licensed,
8certified or otherwise authorized by the law of this State to
9administer health care in the ordinary course of business or
10practice of a profession.
11    (d) "Death delaying procedure" means any medical procedure
12or intervention which, when applied to a qualified patient, in
13the judgement of the attending physician would serve only to
14postpone the moment of death. In appropriate circumstances,
15such procedures include, but are not limited to, assisted
16ventilation, artificial kidney treatments, intravenous feeding
17or medication, blood transfusions, tube feeding and other
18procedures of greater or lesser magnitude that serve only to
19delay death. However, this Act does not affect the
20responsibility of the attending physician or other health care
21provider to provide treatment for a patient's comfort care or
22alleviation of pain. Nutrition and hydration shall not be
23withdrawn or withheld from a qualified patient if the
24withdrawal or withholding would result in death solely from
25dehydration or starvation rather than from the existing
26terminal condition.

 

 

10100SB0182sam001- 9 -LRB101 04969 LNS 58723 a

1    (e) "Person" means an individual, corporation, business
2trust, estate, trust, partnership, association, government,
3governmental subdivision or agency, or any other legal entity.
4    (f) "Physician" means a person licensed to practice
5medicine in all its branches.
6    (g) "Qualified patient" means a patient who has executed a
7declaration in accordance with this Act and who has been
8diagnosed and verified in writing to be afflicted with a
9terminal condition by his or her attending physician who has
10personally examined the patient. A qualified patient has the
11right to make decisions regarding death delaying procedures as
12long as he or she is able to do so.
13    (h) "Terminal condition" means an incurable and
14irreversible condition which is such that death is imminent and
15the application of death delaying procedures serves only to
16prolong the dying process.
17(Source: P.A. 95-331, eff. 8-21-07.)
 
18    (755 ILCS 35/5)  (from Ch. 110 1/2, par. 705)
19    Sec. 5. Revocation. (a) A declaration may be revoked at any
20time by the declarant, without regard to declarant's mental or
21physical condition, by any of the following methods:
22    (1) By being obliterated, burnt, torn or otherwise
23destroyed or defaced in a manner indicating intention to
24cancel;
25    (2) By a written revocation of the declaration signed and

 

 

10100SB0182sam001- 10 -LRB101 04969 LNS 58723 a

1dated by the declarant or person acting at the direction of the
2declarant, regardless of whether the written revocation is in
3electronic or hard copy format; or
4    (3) By an a oral or any other expression of the intent to
5revoke the declaration, in the presence of a witness 18 years
6of age or older who signs and dates a writing confirming that
7such expression of intent was made; or .
8    (4) For an electronic declaration, by deleting in a manner
9indicating the intention to revoke. An electronic declaration
10may be revoked electronically using a generic,
11technology-neutral system in which each user is assigned a
12unique identifier that is securely maintained and in a manner
13that meets the regulatory requirements for a digital or
14electronic signature. Compliance with the standards defined in
15the Electronic Commerce Security Act or the implementing rules
16of the Hospital Licensing Act for medical record entry
17authentication for author validation of the documentation,
18content accuracy, and completeness meets this standard.
19    (b) A revocation is effective upon communication to the
20attending physician by the declarant or by another who
21witnessed the revocation. The attending physician shall record
22in the patient's medical record the time and date when and the
23place where he or she received notification of the revocation.
24    (c) There shall be no criminal or civil liability on the
25part of any person for failure to act upon a revocation made
26pursuant to this Section unless that person has actual

 

 

10100SB0182sam001- 11 -LRB101 04969 LNS 58723 a

1knowledge of the revocation.
2(Source: P.A. 85-860.)
 
3    (755 ILCS 35/9)  (from Ch. 110 1/2, par. 709)
4    Sec. 9. General provisions. (a) The withholding or
5withdrawal of death delaying procedures from a qualified
6patient in accordance with the provisions of this Act shall
7not, for any purpose, constitute a suicide.
8    (b) The making of a declaration pursuant to Section 3 shall
9not affect in any manner the sale, procurement, or issuance of
10any policy of life insurance, nor shall it be deemed to modify
11the terms of an existing policy of life insurance. No policy of
12life insurance shall be legally impaired or invalidated in any
13manner by the withholding or withdrawal of death delaying
14procedures from an insured qualified patient, notwithstanding
15any term of the policy to the contrary.
16    (c) No physician, health care facility, or other health
17care provider, and no health care service plan, health
18maintenance organization, insurer issuing disability
19insurance, self-insured employee employe welfare benefit plan,
20nonprofit medical service corporation or mutual nonprofit
21hospital service corporation shall require any person to
22execute a declaration as a condition for being insured for, or
23receiving, health care services.
24    (d) Nothing in this Act shall impair or supersede any legal
25right or legal responsibility which any person may have to

 

 

10100SB0182sam001- 12 -LRB101 04969 LNS 58723 a

1effect the withholding or withdrawal of death delaying
2procedures in any lawful manner. In such respect the provisions
3of this Act are cumulative.
4    (e) This Act shall create no presumption concerning the
5intention of an individual who has not executed a declaration
6to consent to the use or withholding of death delaying
7procedures in the event of a terminal condition.
8    (f) Nothing in this Act shall be construed to condone,
9authorize or approve mercy killing or to permit any affirmative
10or deliberate act or omission to end life other than to permit
11the natural process of dying as provided in this Act.
12    (g) An instrument executed before the effective date of
13this Act that substantially complies with subsection paragraph
14(e) of Section 3 shall be given effect pursuant to the
15provisions of this Act.
16    (h) A declaration executed in another state in compliance
17with the law of that state or this State is validly executed
18for purposes of this Act, and such declaration shall be applied
19in accordance with the provisions of this Act.
20    (i) Documents, writings, forms, and copies referred to in
21this Act may be in hard copy or electronic format. Nothing in
22this Act is intended to prevent the population of a
23declaration, document, writing, or form with electronic data.
24Electronic documents under this Act may be created, signed, or
25revoked electronically using a generic, technology-neutral
26system in which each user is assigned a unique identifier that

 

 

10100SB0182sam001- 13 -LRB101 04969 LNS 58723 a

1is securely maintained and in a manner that meets the
2regulatory requirements for a digital or electronic signature.
3Compliance with the standards defined in the Electronic
4Commerce Security Act or the implementing rules of the Hospital
5Licensing Act for medical record entry authentication for
6author validation of the documentation, content accuracy, and
7completeness meets this standard.
8(Source: P.A. 85-860.)
 
9    Section 20. The Health Care Surrogate Act is amended by
10adding Section 70 as follows:
 
11    (755 ILCS 40/70 new)
12    Sec. 70. Format. The affidavit, medical record, documents,
13and forms referred to in this Act may be in hard copy or
14electronic format. Nothing in this Act is intended to prevent
15the population of an affidavit, medical record, document, or
16form with electronic data. A living will, mental health
17treatment preferences declaration, practitioner orders for
18life-sustaining treatment (POLST), or power of attorney for
19health care that is populated with electronic data is
20operative. Electronic documents under this Act may be created,
21signed, or revoked electronically using a generic,
22technology-neutral system in which each user is assigned a
23unique identifier that is securely maintained and in a manner
24that meets the regulatory requirements for a digital or

 

 

10100SB0182sam001- 14 -LRB101 04969 LNS 58723 a

1electronic signature. Compliance with the standards defined in
2the Electronic Commerce Security Act or the implementing rules
3of the Hospital Licensing Act for medical record entry
4authentication for author validation of the documentation,
5content accuracy, and completeness meets this standard.
 
6    Section 25. The Mental Health Treatment Preference
7Declaration Act is amended by changing Sections 5, 20, and 50
8and by adding Section 23 as follows:
 
9    (755 ILCS 43/5)
10    Sec. 5. Definitions. As used in this Act:
11    (1) "Adult" shall have the same meaning as provided in
12Section 10 of the Health Care Surrogate Act.
13    (2) "Attending physician" shall have the same meaning as
14provided in Section 10 of the Healthcare Surrogate Act.
15    (3) "Attorney-in-fact" means an adult validly appointed
16under this Act to make mental health treatment decisions for a
17principal under a declaration for mental health treatment and
18also means an alternative attorney-in-fact.
19    (4) "Declaration" means a document, in hard copy or
20electronic format, making a declaration of preferences or
21instructions regarding mental health treatment.
22    (5) "Incapable" means that, in the opinion of 2 physicians
23or the court, a person's ability to receive and evaluate
24information effectively or communicate decisions is impaired

 

 

10100SB0182sam001- 15 -LRB101 04969 LNS 58723 a

1to such an extent that the person currently lacks the capacity
2to make mental health treatment decisions.
3    (6) "Mental Health Facility" shall have the same meaning as
4provided in Section 1-114 of the Mental Health and
5Developmental Disabilities Code.
6    (7) "Mental health treatment" means electroconvulsive
7treatment, treatment of mental illness with psychotropic
8medication, and admission to and retention in a mental health
9facility for a period not to exceed 17 days for care or
10treatment of mental illness.
11    (8) "Physician" means a physician or psychiatrist as
12defined in Sections 1-120 and 1-121, respectively, of the
13Mental Health and Developmental Disabilities Code.
14    (9) "Principal" means the person making a declaration for
15his or her personal mental health treatment.
16    (10) "Provider" means any mental health facility or any
17other person which is devoted in whole or part to providing
18mental health services.
19(Source: P.A. 89-439, eff. 6-1-96.)
 
20    (755 ILCS 43/20)
21    Sec. 20. Signatures required.
22    (a) A declaration is effective only if it is signed by the
23principal, and 2 competent adult witnesses. The witnesses must
24attest that the principal is known to them, signed the
25declaration in their presence and appears to be of sound mind

 

 

10100SB0182sam001- 16 -LRB101 04969 LNS 58723 a

1and not under duress, fraud or undue influence. Persons
2specified in Section 65 of this Act may not act as witnesses.
3    (b) The signature and execution requirements set forth in
4this Act are satisfied by: (i) written signatures or initials;
5or (ii) electronic signatures or computer-generated signature
6codes. Electronic documents under this Act may be created,
7signed, or revoked electronically using a generic,
8technology-neutral system in which each user is assigned a
9unique identifier that is securely maintained and in a manner
10that meets the regulatory requirements for a digital or
11electronic signature. Compliance with the standards defined in
12the Electronic Commerce Security Act or the implementing rules
13of the Hospital Licensing Act for medical record entry
14authentication for author validation of the documentation,
15content accuracy, and completeness meets this standard.
16(Source: P.A. 89-439, eff. 6-1-96.)
 
17    (755 ILCS 43/23 new)
18    Sec. 23. Format. Documents, writings, and forms referred to
19in this Act may be in hard copy or electronic format. Nothing
20in this Act is intended to prevent the population of a
21declaration, document, writing, or form with electronic data.
 
22    (755 ILCS 43/50)
23    Sec. 50. Revocation. A declaration may be revoked in whole
24or in part by written statement at any time by the principal if

 

 

10100SB0182sam001- 17 -LRB101 04969 LNS 58723 a

1the principal is not incapable, regardless of whether the
2written revocation is in an electronic or hard copy format. A
3written statement of revocation is effective when signed by the
4principal and a physician and the principal delivers the
5revocation to the attending physician. An electronic
6declaration may be revoked electronically using a generic,
7technology-neutral system in which each user is assigned a
8unique identifier that is securely maintained and in a manner
9that meets the regulatory requirements for a digital or
10electronic signature. Compliance with the standards defined in
11the Electronic Commerce Security Act or the implementing rules
12of the Hospital Licensing Act for medical record entry
13authentication for author validation of the documentation,
14content accuracy, and completeness meets this standard. The
15attending physician shall note the revocation as part of the
16principal's medical record.
17(Source: P.A. 89-439, eff. 6-1-96.)
 
18    Section 30. The Illinois Power of Attorney Act is amended
19by changing Sections 4-4, 4-6, 4-9, and 4-10 and by adding
20Section 4-4.1 as follows:
 
21    (755 ILCS 45/4-4)  (from Ch. 110 1/2, par. 804-4)
22    Sec. 4-4. Definitions. As used in this Article:
23    (a) "Attending physician" means the physician who has
24primary responsibility at the time of reference for the

 

 

10100SB0182sam001- 18 -LRB101 04969 LNS 58723 a

1treatment and care of the patient.
2    (b) "Health care" means any care, treatment, service or
3procedure to maintain, diagnose, treat or provide for the
4patient's physical or mental health or personal care.
5    (c) "Health care agency" means an agency governing any type
6of health care, anatomical gift, autopsy or disposition of
7remains for and on behalf of a patient and refers, in either
8hard copy or electronic format, to the power of attorney or
9other written instrument defining the agency or the agency,
10itself, as appropriate to the context.
11    (d) "Health care provider", "health care professional", or
12"provider" means the attending physician and any other person
13administering health care to the patient at the time of
14reference who is licensed, certified, or otherwise authorized
15or permitted by law to administer health care in the ordinary
16course of business or the practice of a profession, including
17any person employed by or acting for any such authorized
18person.
19    (e) "Patient" means the principal or, if the agency governs
20health care for a minor child of the principal, then the child.
21    (e-5) "Health care agent" means an individual at least 18
22years old designated by the principal to make health care
23decisions of any type, including, but not limited to,
24anatomical gift, autopsy, or disposition of remains for and on
25behalf of the individual. A health care agent is a personal
26representative under state and federal law. The health care

 

 

10100SB0182sam001- 19 -LRB101 04969 LNS 58723 a

1agent has the authority of a personal representative under both
2state and federal law unless restricted specifically by the
3health care agency.
4    (f) (Blank).
5    (g) (Blank).
6    (h) (Blank).
7(Source: P.A. 98-1113, eff. 1-1-15.)
 
8    (755 ILCS 45/4-4.1 new)
9    Sec. 4-4.1. Format. Documents, writings, forms, and copies
10referred to in this Article may be in hard copy or electronic
11format. Nothing in this Article is intended to prevent the
12population of a written instrument of a health care agency,
13document, writing, or form with electronic data.
 
14    (755 ILCS 45/4-6)  (from Ch. 110 1/2, par. 804-6)
15    Sec. 4-6. Revocation and amendment of health care agencies.
16    (a) Every health care agency may be revoked by the
17principal at any time, without regard to the principal's mental
18or physical condition, by any of the following methods:
19    1. By being obliterated, burnt, torn or otherwise destroyed
20or defaced in a manner indicating intention to revoke;
21    2. By a written revocation of the agency signed and dated
22by the principal or person acting at the direction of the
23principal, regardless of whether the written revocation is in
24an electronic or hard copy format; or

 

 

10100SB0182sam001- 20 -LRB101 04969 LNS 58723 a

1    3. By an oral or any other expression of the intent to
2revoke the agency in the presence of a witness 18 years of age
3or older who signs and dates a writing confirming that such
4expression of intent was made; or .
5    4. For an electronic health care agency, by deleting in a
6manner indicating the intention to revoke. An electronic health
7care agency may be revoked electronically using a generic,
8technology-neutral system in which each user is assigned a
9unique identifier that is securely maintained and in a manner
10that meets the regulatory requirements for a digital or
11electronic signature. Compliance with the standards defined in
12the Electronic Commerce Security Act or the implementing rules
13of the Hospital Licensing Act for medical record entry
14authentication for author validation of the documentation,
15content accuracy, and completeness meets this standard.
16    (b) Every health care agency may be amended at any time by
17a written amendment signed and dated by the principal or person
18acting at the direction of the principal.
19    (c) Any person, other than the agent, to whom a revocation
20or amendment is communicated or delivered shall make all
21reasonable efforts to inform the agent of that fact as promptly
22as possible.
23(Source: P.A. 85-701.)
 
24    (755 ILCS 45/4-9)  (from Ch. 110 1/2, par. 804-9)
25    Sec. 4-9. Penalties. All persons shall be subject to the

 

 

10100SB0182sam001- 21 -LRB101 04969 LNS 58723 a

1following sanctions in relation to health care agencies, in
2addition to all other sanctions applicable under any other law
3or rule of professional conduct:
4    (a) Any person shall be civilly liable who, without the
5principal's consent: (i) , wilfully conceals, cancels, or
6alters a health care agency or any amendment or revocation of
7the agency; (ii) or who falsifies or forges a health care
8agency, amendment, or revocation; or (iii) enters information
9in an electronic system under the persona of the principal.
10    (b) A person who falsifies or forges a health care agency,
11enters information in an electronic system under the persona of
12the principal, or wilfully conceals or withholds personal
13knowledge of an amendment or revocation of a health care agency
14with the intent to cause a withholding or withdrawal of
15life-sustaining or death-delaying procedures contrary to the
16intent of the principal and thereby, because of such act,
17directly causes life-sustaining or death-delaying procedures
18to be withheld or withdrawn and death to the patient to be
19hastened shall be subject to prosecution for involuntary
20manslaughter.
21    (c) Any person who requires or prevents execution of a
22health care agency as a condition of insuring or providing any
23type of health care services to the patient shall be civilly
24liable and guilty of a Class A misdemeanor.
25(Source: P.A. 85-701.)
 

 

 

10100SB0182sam001- 22 -LRB101 04969 LNS 58723 a

1    (755 ILCS 45/4-10)  (from Ch. 110 1/2, par. 804-10)
2    Sec. 4-10. Statutory short form power of attorney for
3health care.
4    (a) The form prescribed in this Section (sometimes also
5referred to in this Act as the "statutory health care power")
6may be used to grant an agent powers with respect to the
7principal's own health care; but the statutory health care
8power is not intended to be exclusive nor to cover delegation
9of a parent's power to control the health care of a minor
10child, and no provision of this Article shall be construed to
11invalidate or bar use by the principal of any other or
12different form of power of attorney for health care.
13Nonstatutory health care powers must be executed by the
14principal, designate the agent and the agent's powers, and
15comply with the limitations in Section 4-5 of this Article, but
16they need not be witnessed or conform in any other respect to
17the statutory health care power.
18    No specific format is required for the statutory health
19care power of attorney other than the notice must precede the
20form. The statutory health care power may be included in or
21combined with any other form of power of attorney governing
22property or other matters.
23    The signature and execution requirements set forth in this
24Article are satisfied by: (i) written signatures or initials;
25or (ii) electronic signatures or computer-generated signature
26codes. Electronic documents under this Act may be created,

 

 

10100SB0182sam001- 23 -LRB101 04969 LNS 58723 a

1signed, or revoked electronically using a generic,
2technology-neutral system in which each user is assigned a
3unique identifier that is securely maintained and in a manner
4that meets the regulatory requirements for a digital or
5electronic signature. Compliance with the standards defined in
6the Electronic Commerce Security Act or the implementing rules
7of the Hospital Licensing Act for medical record entry
8authentication for author validation of the documentation,
9content accuracy, and completeness meets this standard.
10    (b) The Illinois Statutory Short Form Power of Attorney for
11Health Care shall be substantially as follows:
 
12
NOTICE TO THE INDIVIDUAL SIGNING
13
THE POWER OF ATTORNEY FOR HEALTH CARE
14    No one can predict when a serious illness or accident might
15occur. When it does, you may need someone else to speak or make
16health care decisions for you. If you plan now, you can
17increase the chances that the medical treatment you get will be
18the treatment you want.
19    In Illinois, you can choose someone to be your "health care
20agent". Your agent is the person you trust to make health care
21decisions for you if you are unable or do not want to make them
22yourself. These decisions should be based on your personal
23values and wishes.
24    It is important to put your choice of agent in writing. The
25written form is often called an "advance directive". You may

 

 

10100SB0182sam001- 24 -LRB101 04969 LNS 58723 a

1use this form or another form, as long as it meets the legal
2requirements of Illinois. There are many written and on-line
3resources to guide you and your loved ones in having a
4conversation about these issues. You may find it helpful to
5look at these resources while thinking about and discussing
6your advance directive.
 
7
WHAT ARE THE THINGS I WANT MY
8
HEALTH CARE AGENT TO KNOW?
9    The selection of your agent should be considered carefully,
10as your agent will have the ultimate decision-making decision
11making authority once this document goes into effect, in most
12instances after you are no longer able to make your own
13decisions. While the goal is for your agent to make decisions
14in keeping with your preferences and in the majority of
15circumstances that is what happens, please know that the law
16does allow your agent to make decisions to direct or refuse
17health care interventions or withdraw treatment. Your agent
18will need to think about conversations you have had, your
19personality, and how you handled important health care issues
20in the past. Therefore, it is important to talk with your agent
21and your family about such things as:
22        (i) What is most important to you in your life?
23        (ii) How important is it to you to avoid pain and
24    suffering?
25        (iii) If you had to choose, is it more important to you

 

 

10100SB0182sam001- 25 -LRB101 04969 LNS 58723 a

1    to live as long as possible, or to avoid prolonged
2    suffering or disability?
3        (iv) Would you rather be at home or in a hospital for
4    the last days or weeks of your life?
5        (v) Do you have religious, spiritual, or cultural
6    beliefs that you want your agent and others to consider?
7        (vi) Do you wish to make a significant contribution to
8    medical science after your death through organ or whole
9    body donation?
10        (vii) Do you have an existing advance advanced
11    directive, such as a living will, that contains your
12    specific wishes about health care that is only delaying
13    your death? If you have another advance directive, make
14    sure to discuss with your agent the directive and the
15    treatment decisions contained within that outline your
16    preferences. Make sure that your agent agrees to honor the
17    wishes expressed in your advance directive.
 
18
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
19    If there is ever a period of time when your physician
20determines that you cannot make your own health care decisions,
21or if you do not want to make your own decisions, some of the
22decisions your agent could make are to:
23        (i) talk with physicians and other health care
24    providers about your condition.
25        (ii) see medical records and approve who else can see

 

 

10100SB0182sam001- 26 -LRB101 04969 LNS 58723 a

1    them.
2        (iii) give permission for medical tests, medicines,
3    surgery, or other treatments.
4        (iv) choose where you receive care and which physicians
5    and others provide it.
6        (v) decide to accept, withdraw, or decline treatments
7    designed to keep you alive if you are near death or not
8    likely to recover. You may choose to include guidelines
9    and/or restrictions to your agent's authority.
10        (vi) agree or decline to donate your organs or your
11    whole body if you have not already made this decision
12    yourself. This could include donation for transplant,
13    research, and/or education. You should let your agent know
14    whether you are registered as a donor in the First Person
15    Consent registry maintained by the Illinois Secretary of
16    State or whether you have agreed to donate your whole body
17    for medical research and/or education.
18        (vii) decide what to do with your remains after you
19    have died, if you have not already made plans.
20        (viii) talk with your other loved ones to help come to
21    a decision (but your designated agent will have the final
22    say over your other loved ones).
23    Your agent is not automatically responsible for your health
24care expenses.
 
25
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?

 

 

10100SB0182sam001- 27 -LRB101 04969 LNS 58723 a

1    You can pick a family member, but you do not have to. Your
2agent will have the responsibility to make medical treatment
3decisions, even if other people close to you might urge a
4different decision. The selection of your agent should be done
5carefully, as he or she will have ultimate decision-making
6authority for your treatment decisions once you are no longer
7able to voice your preferences. Choose a family member, friend,
8or other person who:
9        (i) is at least 18 years old;
10        (ii) knows you well;
11        (iii) you trust to do what is best for you and is
12    willing to carry out your wishes, even if he or she may not
13    agree with your wishes;
14        (iv) would be comfortable talking with and questioning
15    your physicians and other health care providers;
16        (v) would not be too upset to carry out your wishes if
17    you became very sick; and
18        (vi) can be there for you when you need it and is
19    willing to accept this important role.
 
20
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
21
UNWILLING TO MAKE DECISIONS FOR ME?
22    If the person who is your first choice is unable to carry
23out this role, then the second agent you chose will make the
24decisions; if your second agent is not available, then the
25third agent you chose will make the decisions. The second and

 

 

10100SB0182sam001- 28 -LRB101 04969 LNS 58723 a

1third agents are called your successor agents and they function
2as back-up agents to your first choice agent and may act only
3one at a time and in the order you list them.
 
4
WHAT WILL HAPPEN IF I DO NOT
5
CHOOSE A HEALTH CARE AGENT?
6    If you become unable to make your own health care decisions
7and have not named an agent in writing, your physician and
8other health care providers will ask a family member, friend,
9or guardian to make decisions for you. In Illinois, a law
10directs which of these individuals will be consulted. In that
11law, each of these individuals is called a "surrogate".
12    There are reasons why you may want to name an agent rather
13than rely on a surrogate:
14        (i) The person or people listed by this law may not be
15    who you would want to make decisions for you.
16        (ii) Some family members or friends might not be able
17    or willing to make decisions as you would want them to.
18        (iii) Family members and friends may disagree with one
19    another about the best decisions.
20        (iv) Under some circumstances, a surrogate may not be
21    able to make the same kinds of decisions that an agent can
22    make.
 
23
WHAT IF THERE IS NO ONE AVAILABLE
24
WHOM I TRUST TO BE MY AGENT?

 

 

10100SB0182sam001- 29 -LRB101 04969 LNS 58723 a

1    In this situation, it is especially important to talk to
2your physician and other health care providers and create
3written guidance about what you want or do not want, in case
4you are ever critically ill and cannot express your own wishes.
5You can complete a living will. You can also write your wishes
6down and/or discuss them with your physician or other health
7care provider and ask him or her to write it down in your
8chart. You might also want to use written or on-line resources
9to guide you through this process.
 
10
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
11    Follow these instructions after you have completed the
12form:
13        (i) Sign the form in front of a witness. See the form
14    for a list of who can and cannot witness it.
15        (ii) Ask the witness to sign it, too.
16        (iii) There is no need to have the form notarized.
17        (iv) Give a copy to your agent and to each of your
18    successor agents.
19        (v) Give another copy to your physician.
20        (vi) Take a copy with you when you go to the hospital.
21        (vii) Show it to your family and friends and others who
22    care for you.
 
23
WHAT IF I CHANGE MY MIND?
24    You may change your mind at any time. If you do, tell

 

 

10100SB0182sam001- 30 -LRB101 04969 LNS 58723 a

1someone who is at least 18 years old that you have changed your
2mind, and/or destroy your document and any copies. If you wish,
3fill out a new form and make sure everyone you gave the old
4form to has a copy of the new one, including, but not limited
5to, your agents and your physicians.
 
6
WHAT IF I DO NOT WANT TO USE THIS FORM?
7    In the event you do not want to use the Illinois statutory
8form provided here, any document you complete must be executed
9by you, designate an agent who is over 18 years of age and not
10prohibited from serving as your agent, and state the agent's
11powers, but it need not be witnessed or conform in any other
12respect to the statutory health care power.
13    If you have questions about the use of any form, you may
14want to consult your physician, other health care provider,
15and/or an attorney.
 
16
MY POWER OF ATTORNEY FOR HEALTH CARE

 
17THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
18FOR HEALTH CARE. (You must sign this form and a witness must
19also sign it before it is valid)
 
20My name (Print your full name):..........
21My address:..................................................
 

 

 

10100SB0182sam001- 31 -LRB101 04969 LNS 58723 a

1I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
2(an agent is your personal representative under state and
3federal law):
4(Agent name).................
5(Agent address).............
6(Agent phone number).........................................
 
7(Please check box if applicable) .... If a guardian of my
8person is to be appointed, I nominate the agent acting under
9this power of attorney as guardian.
 
10SUCCESSOR HEALTH CARE AGENT(S) (optional):
11    If the agent I selected is unable or does not want to make
12health care decisions for me, then I request the person(s) I
13name below to be my successor health care agent(s). Only one
14person at a time can serve as my agent (add another page if you
15want to add more successor agent names):
16.....................
17(Successor agent #1 name, address and phone number)
18..........
19(Successor agent #2 name, address and phone number)
 
20MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
21        (i) Deciding to accept, withdraw or decline treatment
22    for any physical or mental condition of mine, including
23    life-and-death decisions.

 

 

10100SB0182sam001- 32 -LRB101 04969 LNS 58723 a

1        (ii) Agreeing to admit me to or discharge me from any
2    hospital, home, or other institution, including a mental
3    health facility.
4        (iii) Having complete access to my medical and mental
5    health records, and sharing them with others as needed,
6    including after I die.
7        (iv) Carrying out the plans I have already made, or, if
8    I have not done so, making decisions about my body or
9    remains, including organ, tissue or whole body donation,
10    autopsy, cremation, and burial.
11    The above grant of power is intended to be as broad as
12possible so that my agent will have the authority to make any
13decision I could make to obtain or terminate any type of health
14care, including withdrawal of nutrition and hydration and other
15life-sustaining measures.
 
16I AUTHORIZE MY AGENT TO (please check any one box):
17    .... Make decisions for me only when I cannot make them for
18    myself. The physician(s) taking care of me will determine
19    when I lack this ability.
20        (If no box is checked, then the box above shall be
21    implemented.) OR
22    .... Make decisions for me only when I cannot make them for
23    myself. The physician(s) taking care of me will determine
24    when I lack this ability. Starting now, for the purpose of
25    assisting me with my health care plans and decisions, my

 

 

10100SB0182sam001- 33 -LRB101 04969 LNS 58723 a

1    agent shall have complete access to my medical and mental
2    health records, the authority to share them with others as
3    needed, and the complete ability to communicate with my
4    personal physician(s) and other health care providers,
5    including the ability to require an opinion of my physician
6    as to whether I lack the ability to make decisions for
7    myself. OR
8    .... Make decisions for me starting now and continuing
9    after I am no longer able to make them for myself. While I
10    am still able to make my own decisions, I can still do so
11    if I want to.
 
12    The subject of life-sustaining treatment is of particular
13importance. Life-sustaining treatments may include tube
14feedings or fluids through a tube, breathing machines, and CPR.
15In general, in making decisions concerning life-sustaining
16treatment, your agent is instructed to consider the relief of
17suffering, the quality as well as the possible extension of
18your life, and your previously expressed wishes. Your agent
19will weigh the burdens versus benefits of proposed treatments
20in making decisions on your behalf.
21    Additional statements concerning the withholding or
22removal of life-sustaining treatment are described below.
23These can serve as a guide for your agent when making decisions
24for you. Ask your physician or health care provider if you have
25any questions about these statements.
 

 

 

10100SB0182sam001- 34 -LRB101 04969 LNS 58723 a

1SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR WISHES
2(optional):
3    .... The quality of my life is more important than the
4    length of my life. If I am unconscious and my attending
5    physician believes, in accordance with reasonable medical
6    standards, that I will not wake up or recover my ability to
7    think, communicate with my family and friends, and
8    experience my surroundings, I do not want treatments to
9    prolong my life or delay my death, but I do want treatment
10    or care to make me comfortable and to relieve me of pain.
11    .... Staying alive is more important to me, no matter how
12    sick I am, how much I am suffering, the cost of the
13    procedures, or how unlikely my chances for recovery are. I
14    want my life to be prolonged to the greatest extent
15    possible in accordance with reasonable medical standards.
 
16SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
17    The above grant of power is intended to be as broad as
18possible so that your agent will have the authority to make any
19decision you could make to obtain or terminate any type of
20health care. If you wish to limit the scope of your agent's
21powers or prescribe special rules or limit the power to
22authorize autopsy or dispose of remains, you may do so
23specifically in this form.
24..................................

 

 

10100SB0182sam001- 35 -LRB101 04969 LNS 58723 a

1..............................
 
2My signature:..................
3Today's date:................................................
 
4HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
5COMPLETE THE SIGNATURE PORTION:
6    I am at least 18 years old. (check one of the options
7below):
8    .... I saw the principal sign this document, or
9    .... the principal told me that the signature or mark on
10    the principal signature line is his or hers.
11    I am not the agent or successor agent(s) named in this
12document. I am not related to the principal, the agent, or the
13successor agent(s) by blood, marriage, or adoption. I am not
14the principal's physician, advanced practice registered nurse,
15dentist, podiatric physician, optometrist, psychologist, or a
16relative of one of those individuals. I am not an owner or
17operator (or the relative of an owner or operator) of the
18health care facility where the principal is a patient or
19resident.
20Witness printed name:............
21Witness address:..............
22Witness signature:...............
23Today's date:................................................
 

 

 

10100SB0182sam001- 36 -LRB101 04969 LNS 58723 a

1    (c) The statutory short form power of attorney for health
2care (the "statutory health care power") authorizes the agent
3to make any and all health care decisions on behalf of the
4principal which the principal could make if present and under
5no disability, subject to any limitations on the granted powers
6that appear on the face of the form, to be exercised in such
7manner as the agent deems consistent with the intent and
8desires of the principal. The agent will be under no duty to
9exercise granted powers or to assume control of or
10responsibility for the principal's health care; but when
11granted powers are exercised, the agent will be required to use
12due care to act for the benefit of the principal in accordance
13with the terms of the statutory health care power and will be
14liable for negligent exercise. The agent may act in person or
15through others reasonably employed by the agent for that
16purpose but may not delegate authority to make health care
17decisions. The agent may sign and deliver all instruments,
18negotiate and enter into all agreements and do all other acts
19reasonably necessary to implement the exercise of the powers
20granted to the agent. Without limiting the generality of the
21foregoing, the statutory health care power shall include the
22following powers, subject to any limitations appearing on the
23face of the form:
24        (1) The agent is authorized to give consent to and
25    authorize or refuse, or to withhold or withdraw consent to,
26    any and all types of medical care, treatment or procedures

 

 

10100SB0182sam001- 37 -LRB101 04969 LNS 58723 a

1    relating to the physical or mental health of the principal,
2    including any medication program, surgical procedures,
3    life-sustaining treatment or provision of food and fluids
4    for the principal.
5        (2) The agent is authorized to admit the principal to
6    or discharge the principal from any and all types of
7    hospitals, institutions, homes, residential or nursing
8    facilities, treatment centers and other health care
9    institutions providing personal care or treatment for any
10    type of physical or mental condition. The agent shall have
11    the same right to visit the principal in the hospital or
12    other institution as is granted to a spouse or adult child
13    of the principal, any rule of the institution to the
14    contrary notwithstanding.
15        (3) The agent is authorized to contract for any and all
16    types of health care services and facilities in the name of
17    and on behalf of the principal and to bind the principal to
18    pay for all such services and facilities, and to have and
19    exercise those powers over the principal's property as are
20    authorized under the statutory property power, to the
21    extent the agent deems necessary to pay health care costs;
22    and the agent shall not be personally liable for any
23    services or care contracted for on behalf of the principal.
24        (4) At the principal's expense and subject to
25    reasonable rules of the health care provider to prevent
26    disruption of the principal's health care, the agent shall

 

 

10100SB0182sam001- 38 -LRB101 04969 LNS 58723 a

1    have the same right the principal has to examine and copy
2    and consent to disclosure of all the principal's medical
3    records that the agent deems relevant to the exercise of
4    the agent's powers, whether the records relate to mental
5    health or any other medical condition and whether they are
6    in the possession of or maintained by any physician,
7    psychiatrist, psychologist, therapist, hospital, nursing
8    home or other health care provider. The authority under
9    this paragraph (4) applies to any information governed by
10    the Health Insurance Portability and Accountability Act of
11    1996 ("HIPAA") and regulations thereunder. The agent
12    serves as the principal's personal representative, as that
13    term is defined under HIPAA and regulations thereunder.
14        (5) The agent is authorized: to direct that an autopsy
15    be made pursuant to Section 2 of the Autopsy Act "An Act in
16    relation to autopsy of dead bodies", approved August 13,
17    1965, including all amendments; to make a disposition of
18    any part or all of the principal's body pursuant to the
19    Illinois Anatomical Gift Act, as now or hereafter amended;
20    and to direct the disposition of the principal's remains.
21        (6) At any time during which there is no executor or
22    administrator appointed for the principal's estate, the
23    agent is authorized to continue to pursue an application or
24    appeal for government benefits if those benefits were
25    applied for during the life of the principal.
26    (d) A physician may determine that the principal is unable

 

 

10100SB0182sam001- 39 -LRB101 04969 LNS 58723 a

1to make health care decisions for himself or herself only if
2the principal lacks decisional capacity, as that term is
3defined in Section 10 of the Health Care Surrogate Act.
4    (e) If the principal names the agent as a guardian on the
5statutory short form, and if a court decides that the
6appointment of a guardian will serve the principal's best
7interests and welfare, the court shall appoint the agent to
8serve without bond or security.
9(Source: P.A. 99-328, eff. 1-1-16; 100-513, eff. 1-1-18;
10revised 10-4-18.)".