Full Text of SB0109 102nd General Assembly
SB0109 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0109 Introduced 2/3/2021, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 755 ILCS 40/10 | from Ch. 110 1/2, par. 851-10 | 755 ILCS 40/20 | from Ch. 110 1/2, par. 851-20 | 755 ILCS 40/65 | |
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Amends the Health Care Surrogate Act. Changes certain uses of the term "qualified physician" to "qualified health care practitioner". Provides that execution of a POLST form shall not be a requirement for admission to any facility or a precondition to the provision of services by any provider of health care services. Provides that an individual may revoke a document directing that resuscitating efforts shall not be implemented. In a Section regarding Department of Public Health Uniform POLST forms, changes the definition of "attending health care practitioner". Provides that a health care provider facility shall comply with a POLST form, National POLST form, another state's POLST Paradigm portable medical orders form, or an out-of-hospital Do Not Resuscitate (DNR) order sanctioned by a State in the United States that: has been executed by an adult; and is apparent and immediately available. Provides that before voiding or revoking a uniform practitioner orders for life-sustaining treatment (POLST) form, National POLST form, or another state's POLST Paradigm portable medical orders form consented to by the individual, that individual's legally authorized surrogate decision maker shall first: engage in consultation with the attending health care practitioner; consult the patient's advance directive, if available; and make a good faith effort to act consistently, at all times, with the patient's known wishes, or, if the patient's wishes are not known, using substituted judgment as the standard. Provides that when an individual's legally authorized surrogate is making a good faith effort to act consistently with the patient's known wishes to void or revoke a POLST form, if the patient's wishes are unknown and remain unknown after reasonable efforts to discern them, the decision shall be made on the basis of the patient's best interests as determined by the surrogate decision maker.
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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 Sections 10, 20, and 65 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 health care practitioner | 26 | | physician :
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| 1 | | (1) "Terminal condition" means an illness or injury | 2 | | for
which there is no reasonable prospect of cure or | 3 | | recovery,
death is imminent, and the application of | 4 | | life-sustaining
treatment would only prolong the dying | 5 | | process.
| 6 | | (2) "Permanent unconsciousness" means a condition | 7 | | that,
to a high degree of medical certainty, (i) will last
| 8 | | permanently, without improvement, (ii) in which
thought, | 9 | | sensation, purposeful action, social interaction, and
| 10 | | awareness of self and environment are absent, and (iii) | 11 | | for
which initiating or continuing life-sustaining | 12 | | treatment, in
light of the patient's medical condition, | 13 | | provides only
minimal medical benefit.
| 14 | | (3) "Incurable or irreversible condition" means an
| 15 | | illness or injury (i) for which there is no reasonable
| 16 | | prospect of cure or recovery, (ii) that ultimately will | 17 | | cause
the patient's death even if life-sustaining | 18 | | treatment is
initiated or continued, (iii) that imposes | 19 | | severe pain or
otherwise imposes an inhumane burden on the | 20 | | patient, and (iv)
for which initiating or continuing | 21 | | life-sustaining treatment,
in light of the patient's | 22 | | medical condition, provides only
minimal medical benefit.
| 23 | | The determination that a patient has a qualifying | 24 | | condition creates
no presumption regarding the application or | 25 | | non-application of life-sustaining
treatment. It is only after | 26 | | a determination by the attending physician that the patient |
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| 1 | | has a qualifying condition that the
surrogate decision maker | 2 | | may consider whether or not to forgo
life-sustaining | 3 | | treatment. In making this decision, the surrogate
shall weigh | 4 | | the burdens on the patient of initiating or continuing
| 5 | | life-sustaining treatment against the benefits of that | 6 | | treatment.
| 7 | | "Qualified health care practitioner" means an individual
| 8 | | who has personally examined the patient and who is an Illinois
| 9 | | licensed physician, advanced practice registered nurse,
| 10 | | physician assistant, or resident with at least one year of
| 11 | | graduate or specialty training in this State who holds an
| 12 | | Illinois temporary license to practice medicine and is | 13 | | enrolled
in a residency program accredited by the Liaison | 14 | | Committee on
Graduate Medical Education or the Bureau of | 15 | | Professional
Education of the American Osteopathic | 16 | | Association. | 17 | | "Qualified physician" means a physician licensed to | 18 | | practice
medicine in all of its branches in Illinois who has | 19 | | personally
examined the patient.
| 20 | | "Surrogate decision maker" means an adult individual or
| 21 | | individuals who (i) have decisional capacity, (ii) are | 22 | | available
upon reasonable inquiry, (iii) are willing to make | 23 | | medical treatment
decisions on behalf of
a patient who lacks | 24 | | decisional capacity, and (iv) are identified by
the attending | 25 | | physician in accordance with the provisions of this
Act as the | 26 | | person or persons who are to make those decisions in
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| 1 | | accordance with the provisions of this Act.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 3 | | (755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20)
| 4 | | Sec. 20. Private decision making process.
| 5 | | (a) Decisions whether to forgo life-sustaining or any | 6 | | other
form of medical treatment involving an adult patient | 7 | | with
decisional capacity may be made by that adult patient.
| 8 | | (b) Decisions whether to forgo life-sustaining treatment | 9 | | on
behalf of a patient without decisional capacity are lawful, | 10 | | without
resort to the courts or legal process, if the patient | 11 | | has a
qualifying condition and if the decisions are made in | 12 | | accordance
with one of the following paragraphs in this | 13 | | subsection and
otherwise meet the requirements of this Act:
| 14 | | (1) Decisions whether to forgo life-sustaining
| 15 | | treatment on behalf of a minor or an adult patient who | 16 | | lacks
decisional capacity may be made by a surrogate | 17 | | decision maker
or makers in consultation with the | 18 | | attending physician, in the
order or priority provided in | 19 | | Section 25. A surrogate decision
maker shall make | 20 | | decisions for the adult patient conforming as
closely as | 21 | | possible to what the patient would have done or
intended | 22 | | under the circumstances, taking into account evidence
that | 23 | | includes, but is not limited to, the patient's personal,
| 24 | | philosophical, religious and moral beliefs and ethical | 25 | | values
relative to the purpose of life, sickness, medical |
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| 1 | | procedures,
suffering, and death. Where possible, the | 2 | | surrogate shall
determine how the patient would have | 3 | | weighed the burdens and
benefits of initiating or | 4 | | continuing life-sustaining treatment
against the burdens | 5 | | and benefits of that treatment. In the
event an unrevoked | 6 | | advance directive, such as a living will, a declaration
| 7 | | for mental health treatment, or
a power of attorney for | 8 | | health care, is no longer valid due to
a technical | 9 | | deficiency or is not applicable to the patient's
| 10 | | condition, that document may be used as evidence of a
| 11 | | patient's wishes. The absence of a living will, | 12 | | declaration for mental
health treatment, or power of
| 13 | | attorney for health care shall not give rise to any
| 14 | | presumption as to the patient's preferences regarding the
| 15 | | initiation or continuation of life-sustaining procedures. | 16 | | If
the adult patient's wishes are unknown and remain | 17 | | unknown
after reasonable efforts to discern them or if the | 18 | | patient is
a minor, the decision shall be made on the basis | 19 | | of the
patient's best interests as determined by the | 20 | | surrogate
decision maker. In determining the patient's | 21 | | best interests,
the surrogate shall weigh the burdens on | 22 | | and benefits to the
patient of initiating or continuing | 23 | | life-sustaining treatment
against the burdens and benefits | 24 | | of that treatment and shall
take into account any other | 25 | | information, including the views of
family and friends, | 26 | | that the surrogate decision maker believes
the patient |
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| 1 | | would have considered if able to act for herself
or | 2 | | himself.
| 3 | | (2) Decisions whether to forgo life-sustaining
| 4 | | treatment on behalf of a minor or an adult patient who | 5 | | lacks decisional
capacity, but without any surrogate | 6 | | decision maker or guardian being
available determined | 7 | | after reasonable inquiry by the health
care provider, may | 8 | | be made by a court appointed guardian.
A court appointed | 9 | | guardian shall be treated as a surrogate for the
purposes | 10 | | of this Act.
| 11 | | (b-5) Decisions concerning medical treatment on behalf of | 12 | | a patient
without decisional capacity are lawful, without | 13 | | resort to the courts or legal
process, if the patient does not | 14 | | have a qualifying condition and if decisions
are made in | 15 | | accordance with one of the following paragraphs in this | 16 | | subsection
and otherwise meet the requirements of this Act:
| 17 | | (1) Decisions concerning medical treatment on behalf | 18 | | of a minor or adult
patient who lacks decisional capacity | 19 | | may be made by a surrogate decision maker
or makers in | 20 | | consultation with the attending physician, in the order of
| 21 | | priority provided in Section 25 with the exception that | 22 | | decisions to forgo
life-sustaining treatment may be made | 23 | | only when a patient has a qualifying
condition. A | 24 | | surrogate decision maker shall make decisions for the | 25 | | patient
conforming as closely as possible to what the | 26 | | patient would have done or
intended under the |
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| 1 | | circumstances, taking into account evidence that includes,
| 2 | | but is not limited to, the patient's personal, | 3 | | philosophical, religious, and
moral beliefs and ethical | 4 | | values relative to the purpose of life, sickness,
medical | 5 | | procedures, suffering, and death. In the event an | 6 | | unrevoked advance
directive, such as a living will, a | 7 | | declaration for mental health treatment, or
a power of | 8 | | attorney for health care, is no longer valid due to a | 9 | | technical
deficiency or is not applicable to the patient's | 10 | | condition, that document may
be used as evidence of a | 11 | | patient's wishes. The absence of a living will,
| 12 | | declaration for mental health treatment, or power of | 13 | | attorney for health care
shall not give rise to any | 14 | | presumption as to the patient's preferences
regarding any | 15 | | process. If the adult patient's wishes are unknown and | 16 | | remain
unknown after reasonable efforts to discern them or | 17 | | if the patient is a minor,
the decision shall be made on | 18 | | the basis of the patient's best interests as
determined by | 19 | | the surrogate decision maker. In determining the patient's | 20 | | best
interests, the surrogate shall weigh the burdens on | 21 | | and benefits to the patient
of the treatment against the | 22 | | burdens and benefits of that treatment and shall
take into | 23 | | account any other information, including the views of | 24 | | family and
friends, that the surrogate decision maker | 25 | | believes the patient would have
considered if able to act | 26 | | for herself or himself.
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| 1 | | (2) Decisions concerning medical treatment on behalf | 2 | | of a minor or adult
patient who lacks decisional capacity, | 3 | | but without any surrogate decision maker
or guardian being | 4 | | available as determined after reasonable inquiry by the
| 5 | | health care provider, may be made by a court appointed | 6 | | guardian. A court
appointed guardian shall be treated as a | 7 | | surrogate for the purposes of this
Act.
| 8 | | (c) For the purposes of this Act, a patient or surrogate
| 9 | | decision maker is presumed to have decisional capacity in the
| 10 | | absence of actual notice to the contrary without regard to | 11 | | advanced age.
With respect to a patient, a
diagnosis of mental | 12 | | illness or an intellectual disability, of itself, is
not a bar | 13 | | to a determination of decisional capacity. A
determination | 14 | | that an adult patient lacks decisional capacity shall
be made | 15 | | by the attending physician to a reasonable degree of
medical | 16 | | certainty. The determination shall be in writing in the
| 17 | | patient's medical record and shall set forth the attending | 18 | | physician's opinion regarding the cause, nature, and duration | 19 | | of
the patient's lack of decisional capacity. Before | 20 | | implementation
of a decision by a surrogate decision maker to | 21 | | forgo
life-sustaining treatment, at least one other qualified | 22 | | health care practitioner physician
must concur in the | 23 | | determination that an adult patient lacks decisional
capacity. | 24 | | The concurring determination shall be made in writing in
the | 25 | | patient's medical record after personal examination of the
| 26 | | patient. The attending physician shall inform the patient that |
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| 1 | | it
has been determined that the patient lacks decisional | 2 | | capacity and
that a surrogate decision maker will be making | 3 | | life-sustaining
treatment decisions on behalf of the patient. | 4 | | Moreover, the
patient shall be informed of the identity of the | 5 | | surrogate decision
maker and any decisions made by that | 6 | | surrogate. If the person
identified as the surrogate decision | 7 | | maker is not a court appointed
guardian and the patient | 8 | | objects to the statutory surrogate
decision maker or any | 9 | | decision made by that surrogate decision
maker, then the | 10 | | provisions of this Act shall not apply.
| 11 | | (d) A surrogate decision maker acting on behalf of
the | 12 | | patient shall express decisions to forgo life-sustaining
| 13 | | treatment to the attending physician and one adult witness who | 14 | | is
at least 18 years of age. This decision and the substance of | 15 | | any
known discussion before making the decision shall be | 16 | | documented by the
attending physician in the patient's medical | 17 | | record and signed by
the witness.
| 18 | | (e) The existence of a qualifying condition shall be
| 19 | | documented in writing in the patient's medical record by the
| 20 | | attending physician and shall include its cause and nature, if
| 21 | | known. The written concurrence of another qualified health | 22 | | care practitioner physician is
also required.
| 23 | | (f) Once the provisions of this Act are complied with, the
| 24 | | attending physician shall thereafter promptly implement the
| 25 | | decision to forgo life-sustaining treatment on behalf of the
| 26 | | patient unless he or she believes that the surrogate decision |
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| 1 | | maker
is not acting in accordance with his or her | 2 | | responsibilities under
this Act, or is unable to do so for | 3 | | reasons of conscience or other
personal views or beliefs.
| 4 | | (g) In the event of a patient's death as determined by a
| 5 | | physician, all life-sustaining treatment and other medical | 6 | | care is
to be terminated, unless the patient is an organ donor, | 7 | | in which
case appropriate organ donation treatment may be | 8 | | applied or continued
temporarily.
| 9 | | (Source: P.A. 97-227, eff. 1-1-12.)
| 10 | | (755 ILCS 40/65)
| 11 | | Sec. 65. Department of Public Health Uniform POLST form.
| 12 | | (a) An individual of sound mind and having reached the age | 13 | | of majority or
having
obtained the status of an emancipated | 14 | | person pursuant to the Emancipation of
Minors Act may execute | 15 | | a document (consistent with the Department of Public
Health | 16 | | Uniform POLST form described in Section 2310-600 of the | 17 | | Department of Public Health Powers and Duties Law of the
Civil | 18 | | Administrative Code of Illinois) directing that
resuscitating | 19 | | efforts shall not be implemented. This individual may also | 20 | | revoke the document at will. Such a document may also
be | 21 | | executed by an attending health care practitioner. If more | 22 | | than one practitioner shares that responsibility, any of the | 23 | | attending health care practitioners may act under this | 24 | | Section. Notwithstanding the existence of a do-not-resuscitate | 25 | | (DNR)
order or Department of Public Health Uniform POLST form, |
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| 1 | | appropriate organ donation treatment may be applied or | 2 | | continued
temporarily in the event of the patient's death, in | 3 | | accordance with subsection
(g) of Section 20 of this Act, if | 4 | | the patient is an organ donor.
| 5 | | (a-5) Execution of a Department of Public Health Uniform | 6 | | POLST form is voluntary; no person can be required to execute | 7 | | either form. Execution of a POLST form shall not be a
| 8 | | requirement for admission to any facility or a precondition to
| 9 | | the provision of services by any provider of health care
| 10 | | services. A person who has executed a Department of Public | 11 | | Health Uniform POLST form should review the form annually and | 12 | | when the person's condition changes. | 13 | | (b) Consent to a Department of Public Health Uniform POLST | 14 | | form may be obtained from the individual, or from
another
| 15 | | person at the individual's direction, or from the individual's | 16 | | legal guardian,
agent under a
power of attorney for health | 17 | | care, or surrogate decision maker , and witnessed
by one | 18 | | individual 18 years of age or older, who attests that the | 19 | | individual, other person, guardian, agent, or surrogate (1) | 20 | | has had an opportunity to read the form; and (2) has signed the | 21 | | form or acknowledged his or her signature or mark on the form | 22 | | in the witness's presence .
| 23 | | (b-5) As used in this Section : , | 24 | | "Attending "attending health care practitioner" means an | 25 | | individual who (1) is an Illinois licensed physician, advanced | 26 | | practice registered nurse, physician assistant, or resident
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| 1 | | with at least one year of graduate or specialty training in
| 2 | | this State who holds an Illinois temporary license to practice
| 3 | | medicine and is enrolled in a residency program accredited by
| 4 | | the Liaison Committee on Graduate Medical Education or the
| 5 | | Bureau of Professional Education of the American Osteopathic
| 6 | | Association licensed resident after completion of one year in | 7 | | a program ; (2) is selected by or assigned to the patient; and | 8 | | (3) has primary responsibility for treatment and care of the | 9 | | patient. | 10 | | "POLST" means practitioner orders for life-sustaining | 11 | | treatments. | 12 | | "POLST Paradigm portable medical orders form" means a | 13 | | medical orders form, including, but not limited to, a Medical | 14 | | Orders for Scope of Treatment (MOST), Medical Orders for Life | 15 | | Sustaining Treatment (MOLST), Physician Orders for Scope of | 16 | | Treatment (POST), or Physician Orders for Life Sustaining | 17 | | Treatment (POLST) form, that is formally authorized by a state | 18 | | or territory within the United States. | 19 | | (c) Nothing in this Section shall be construed to affect | 20 | | the ability of an individual to include instructions in an | 21 | | advance directive, such as a power of attorney for health | 22 | | care. The uniform form may, but need not, be in the form | 23 | | adopted by the
Department
of
Public Health pursuant to Section | 24 | | 2310-600 of the Department of Public Health
Powers and
Duties | 25 | | Law (20 ILCS 2310/2310-600).
Except as otherwise provided by | 26 | | law, emergency medical service personnel, a health care |
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| 1 | | provider, or a health care facility shall comply with a | 2 | | Department of Public Health Uniform POLST form, National POLST | 3 | | form, another state's POLST Paradigm portable medical orders | 4 | | form, or an out-of-hospital Do Not Resuscitate (DNR) order | 5 | | sanctioned by a State in the United States that: (i) has been | 6 | | executed by an adult; and (ii) is apparent and immediately | 7 | | available.
| 8 | | (d) A health care professional or health care provider may | 9 | | presume, in the
absence
of knowledge to the contrary, that a | 10 | | completed Department of Public Health
Uniform POLST form , | 11 | | National POLST form, another state's POLST Paradigm portable | 12 | | medical orders form, or an out-of-hospital Do Not Resuscitate | 13 | | (DNR) order sanctioned by a State in the United States | 14 | | executed by an adult ,
or a copy of that form or a previous | 15 | | version of the uniform form, is valid. A health care | 16 | | professional or
health
care provider, or an employee of a | 17 | | health care professional or health care
provider, who in
good | 18 | | faith complies
with a cardiopulmonary resuscitation (CPR) or | 19 | | life-sustaining treatment order, Department of Public Health | 20 | | Uniform POLST form, or a previous version of the uniform form | 21 | | made in accordance with this Act is not,
as a result of that | 22 | | compliance, subject to any criminal or civil liability,
except | 23 | | for willful and wanton misconduct, and
may not be found to have | 24 | | committed an act of unprofessional conduct. | 25 | | (d-5) Before voiding or revoking a Department of Public
| 26 | | Health Uniform POLST form, National POLST form, or another
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| 1 | | state's POLST Paradigm portable medical orders form consented
| 2 | | to by the individual, that individual's legally authorized
| 3 | | surrogate decision maker shall first: (1) engage in
| 4 | | consultation with the attending health care practitioner; (2)
| 5 | | consult the patient's advance directive, if available; and (3)
| 6 | | make a good faith effort to act consistently, at all times,
| 7 | | with the patient's known wishes, using substituted judgment as
| 8 | | the standard. If the patient's wishes are unknown and remain
| 9 | | unknown after reasonable efforts to discern them, the decision
| 10 | | shall be made on the basis of the patient's best interests as
| 11 | | determined by the surrogate decision maker. The attending
| 12 | | health care practitioner shall document the reasons for this
| 13 | | action in the patient's medical record. | 14 | | (e) Nothing in this Section or this amendatory Act of the | 15 | | 94th General Assembly or this amendatory Act of the 98th | 16 | | General Assembly shall be construed to affect the ability of a | 17 | | physician or other practitioner to make a do-not-resuscitate | 18 | | order.
| 19 | | (Source: P.A. 99-319, eff. 1-1-16; 100-513, eff. 1-1-18 .)
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