Full Text of SB2644 103rd General Assembly
SB2644enr 103RD GENERAL ASSEMBLY | | | SB2644 Enrolled | | LRB103 34708 JDS 64555 b |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Secretary of State Act is amended by adding | 5 | | Section 34 as follows: | 6 | | (15 ILCS 305/34 new) | 7 | | Sec. 34. Advance Directive Registry. | 8 | | (a) By January 1, 2027, the Secretary of State shall | 9 | | establish an electronic registry, to be known as the Advance | 10 | | Directive Registry, through which residents of the State of | 11 | | Illinois may deposit, with the Secretary of State, a completed | 12 | | Department of Public Health Uniform Practitioner Order for | 13 | | Life-Sustaining Treatment (POLST) form. In calendar year 2026, | 14 | | the Secretary of State shall, in good faith, promote the | 15 | | Advance Directive Registry throughout the State by | 16 | | disseminating information about the Advance Directive Registry | 17 | | in the form and manner prescribed by the Secretary of State. | 18 | | (b) Information in the Advance Directive Registry shall be | 19 | | made available electronically to Emergency Medical Services | 20 | | personnel as defined in the Emergency Medical Services (EMS) | 21 | | Systems Act, administrators of hospitals licensed under the | 22 | | Hospital Licensing Act, and administrators of hospitals | 23 | | organized under the University of Illinois Hospital Act. |
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| 1 | | Hospital administrators shall, as appropriate for their | 2 | | respective hospital, provide access to information in the | 3 | | Advance Directive Registry to hospital health care providers | 4 | | and health care professionals. Persons may rely on information | 5 | | obtained from the Advance Directive Registry as an accurate | 6 | | copy of the documents filed with the Advance Directive | 7 | | Registry. | 8 | | (c) Nothing in this Section shall limit the right to amend | 9 | | or revoke a Department of Public Health Uniform POLST form | 10 | | previously filed with the Advance Directive Registry. | 11 | | (d) The Secretary of State shall adopt any rules necessary | 12 | | to implement this amendatory Act of the 103rd General | 13 | | Assembly, and the Secretary of State shall also provide on the | 14 | | Secretary of State's website information regarding use of the | 15 | | Advance Directive Registry. | 16 | | (e) In the absence of gross negligence or willful | 17 | | misconduct, the Secretary of State and employees of the | 18 | | Secretary of State are immune from any civil or criminal | 19 | | liability in connection with the creation and maintenance of | 20 | | the Advance Directive Registry described in this Section. | 21 | | (f) A person who knowingly submits a document to the | 22 | | Advance Directive Registry without authorization or assists in | 23 | | such submission shall be guilty of a Class A misdemeanor. | 24 | | (g) Nothing in this Section requires a health care | 25 | | professional or health care provider, including Emergency | 26 | | Medical Services personnel as defined in the Emergency Medical |
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| 1 | | Services (EMS) Systems Act, a hospital licensed under the | 2 | | Hospital Licensing Act, and a hospital organized under the | 3 | | University of Illinois Hospital Act, to (i) inquire whether a | 4 | | patient has a Department of Public Health Uniform POLST form | 5 | | registered on the Advance Directive Registry or (ii) access or | 6 | | search the Advance Directive Registry to determine whether a | 7 | | patient has registered a Department of Public Health Uniform | 8 | | POLST form or the terms of the form. | 9 | | (h) A health care professional or health care provider, | 10 | | including Emergency Medical Services personnel as defined in | 11 | | the Emergency Medical Services (EMS) Systems Act, a hospital | 12 | | licensed under the Hospital Licensing Act, and a hospital | 13 | | organized under the University of Illinois Hospital Act, is | 14 | | not subject to civil or criminal liability or professional | 15 | | discipline for failure to access or search the Advance | 16 | | Directive Registry. Notwithstanding any other provision of | 17 | | this Section, a health care professional or health care | 18 | | provider who relies in good faith on the provisions of a | 19 | | Department of Public Health Uniform POLST form retrieved from | 20 | | the Advance Directive Registry is immune from criminal and | 21 | | civil liability as described in subsection (d) of Section 65 | 22 | | of the Health Care Surrogate Act and Section 3.150 of the | 23 | | Emergency Medical Services (EMS) Systems Act. |
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