Full Text of HB0704 102nd General Assembly
HB0704 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0704 Introduced 2/8/2021, by Rep. Debbie Meyers-Martin SYNOPSIS AS INTRODUCED: |
| 755 ILCS 40/10 | from Ch. 110 1/2, par. 851-10 |
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Amends the Health Care Surrogate Act. Removes the requirement that an attending physician or qualified physician be licensed specifically in Illinois. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Health Care Surrogate Act is amended by | 5 | | changing Section 10 as follows:
| 6 | | (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
| 7 | | Sec. 10. Definitions.
| 8 | | "Adult" means a person who is (i) 18 years of age or older | 9 | | or (ii) an
emancipated minor under the Emancipation of
Minors | 10 | | Act.
| 11 | | "Artificial nutrition and hydration" means supplying food | 12 | | and water through a
conduit, such as a tube or intravenous | 13 | | line, where the recipient is not
required to chew or swallow | 14 | | voluntarily, including, but not limited to,
nasogastric tubes, | 15 | | gastrostomies, jejunostomies, and
intravenous infusions. | 16 | | Artificial nutrition and hydration does not include
assisted | 17 | | feeding, such as spoon or bottle feeding.
| 18 | | "Available" means that a person is not "unavailable". A | 19 | | person is
unavailable if (i) the person's existence is not | 20 | | known, (ii) the person has
not been able to be contacted by | 21 | | telephone or mail, or (iii) the person
lacks decisional | 22 | | capacity, refuses to accept the office of surrogate, or is
| 23 | | unwilling to respond in a manner that indicates a choice among |
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| 1 | | the
treatment matters at issue.
| 2 | | "Attending physician" means the physician selected by or
| 3 | | assigned to the patient who has primary responsibility for
| 4 | | treatment and care of the patient and who is a licensed | 5 | | physician
in Illinois . If more than one physician shares that
| 6 | | responsibility, any of those physicians may act as the | 7 | | attending
physician under this Act.
| 8 | | "Close friend" means any person 18 years of age or older | 9 | | who
has exhibited special care and concern for the patient and | 10 | | who
presents an affidavit to the attending physician stating | 11 | | that he or
she (i) is a close friend of the patient, (ii) is | 12 | | willing and able to become
involved in the patient's health | 13 | | care, and (iii) has maintained such
regular contact with the | 14 | | patient as to be familiar with the
patient's activities, | 15 | | health, and religious and moral beliefs. The
affidavit must | 16 | | also state facts and circumstances that demonstrate that
| 17 | | familiarity.
| 18 | | "Death" means when, according to accepted medical | 19 | | standards,
there is (i) an irreversible cessation of | 20 | | circulatory and
respiratory functions or (ii) an irreversible | 21 | | cessation of all
functions of the entire brain, including the | 22 | | brain stem.
| 23 | | "Decisional capacity" means the ability to understand and
| 24 | | appreciate the nature and consequences of a decision regarding
| 25 | | medical treatment or
forgoing life-sustaining treatment and | 26 | | the ability to reach and
communicate an informed decision in |
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| 1 | | the matter as determined by the
attending physician.
| 2 | | "Forgo life-sustaining treatment" means to withhold,
| 3 | | withdraw, or terminate all or any portion of life-sustaining
| 4 | | treatment with knowledge that the patient's death is likely to
| 5 | | result.
| 6 | | "Guardian" means a court appointed guardian of the person | 7 | | who
serves as a representative of a minor or as a | 8 | | representative of a
person under legal disability.
| 9 | | "Health care facility" means a type of health care | 10 | | provider
commonly known by a wide variety of titles, including | 11 | | but not
limited to, hospitals, medical centers, nursing homes,
| 12 | | rehabilitation centers, long term or tertiary care facilities, | 13 | | and
other facilities established to administer health care and | 14 | | provide
overnight stays in their ordinary course of business | 15 | | or practice.
| 16 | | "Health care provider" means a person that is licensed,
| 17 | | certified, or otherwise authorized or permitted by the law of | 18 | | this
State to administer health care in the ordinary course of | 19 | | business
or practice of a profession, including, but not | 20 | | limited to,
physicians, nurses, health care facilities, and | 21 | | any employee,
officer, director, agent, or person under | 22 | | contract with such a
person.
| 23 | | "Imminent" (as in "death is imminent") means a | 24 | | determination
made by the attending physician according to | 25 | | accepted medical
standards that death will occur in a | 26 | | relatively short period of
time, even if life-sustaining |
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| 1 | | treatment is initiated or continued.
| 2 | | "Life-sustaining treatment" means any medical treatment,
| 3 | | procedure, or intervention that, in the judgment of the | 4 | | attending
physician, when applied to a patient with a | 5 | | qualifying condition,
would not be effective to remove the | 6 | | qualifying condition
or would serve only to prolong the dying | 7 | | process. Those
procedures can include, but are not limited to, | 8 | | assisted
ventilation, renal dialysis, surgical procedures, | 9 | | blood
transfusions, and the administration of drugs, | 10 | | antibiotics, and
artificial nutrition and hydration.
| 11 | | "Minor" means an individual who is not an adult as defined | 12 | | in
this Act.
| 13 | | "Parent" means a person who is the natural or adoptive | 14 | | mother
or father of the child and whose parental rights have | 15 | | not been
terminated by a court of law.
| 16 | | "Patient" means an adult or minor individual, unless | 17 | | otherwise
specified, under the care or treatment of a licensed | 18 | | physician or
other health care provider.
| 19 | | "Person" means an individual, a corporation, a business | 20 | | trust,
a trust, a partnership, an association, a government, a
| 21 | | governmental subdivision or agency, or any other legal entity.
| 22 | | "Qualifying condition" means the existence of one or more | 23 | | of
the following conditions in a patient certified in writing | 24 | | in the
patient's medical record by the attending physician and | 25 | | by at least
one other qualified physician:
| 26 | | (1) "Terminal condition" means an illness or injury |
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| 1 | | for
which there is no reasonable prospect of cure or | 2 | | recovery,
death is imminent, and the application of | 3 | | life-sustaining
treatment would only prolong the dying | 4 | | process.
| 5 | | (2) "Permanent unconsciousness" means a condition | 6 | | that,
to a high degree of medical certainty, (i) will last
| 7 | | permanently, without improvement, (ii) in which
thought, | 8 | | sensation, purposeful action, social interaction, and
| 9 | | awareness of self and environment are absent, and (iii) | 10 | | for
which initiating or continuing life-sustaining | 11 | | treatment, in
light of the patient's medical condition, | 12 | | provides only
minimal medical benefit.
| 13 | | (3) "Incurable or irreversible condition" means an
| 14 | | illness or injury (i) for which there is no reasonable
| 15 | | prospect of cure or recovery, (ii) that ultimately will | 16 | | cause
the patient's death even if life-sustaining | 17 | | treatment is
initiated or continued, (iii) that imposes | 18 | | severe pain or
otherwise imposes an inhumane burden on the | 19 | | patient, and (iv)
for which initiating or continuing | 20 | | life-sustaining treatment,
in light of the patient's | 21 | | medical condition, provides only
minimal medical benefit.
| 22 | | The determination that a patient has a qualifying | 23 | | condition creates
no presumption regarding the application or | 24 | | non-application of life-sustaining
treatment. It is only after | 25 | | a determination by the attending
physician that the patient | 26 | | has a qualifying condition that the
surrogate decision maker |
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| 1 | | may consider whether or not to forgo
life-sustaining | 2 | | treatment. In making this decision, the surrogate
shall weigh | 3 | | the burdens on the patient of initiating or continuing
| 4 | | life-sustaining treatment against the benefits of that | 5 | | treatment.
| 6 | | "Qualified physician" means a physician licensed to | 7 | | practice
medicine in all of its branches in Illinois who has | 8 | | personally
examined the patient.
| 9 | | "Surrogate decision maker" means an adult individual or
| 10 | | individuals who (i) have decisional capacity, (ii) are | 11 | | available
upon reasonable inquiry, (iii) are willing to make | 12 | | medical treatment
decisions on behalf of
a patient who lacks | 13 | | decisional capacity, and (iv) are identified by
the attending | 14 | | physician in accordance with the provisions of this
Act as the | 15 | | person or persons who are to make those decisions in
| 16 | | accordance with the provisions of this Act.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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