(755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25)
Sec. 25. Surrogate decision making.
(a) When a patient lacks
decisional capacity, the health care provider must make a reasonable
inquiry as to the availability and authority of a health care agent under
the Powers of Attorney for Health Care Law. When no health care agent is
authorized and available, the health care provider must make a reasonable
inquiry as to the availability of possible surrogates listed in items (1)
through (4) of this
subsection. For purposes of this Section, a reasonable inquiry includes,
but is not
limited to, identifying a member of the patient's family or other health care
agent by
examining the patient's personal effects or medical records. If a family
member or other
health care agent is identified, an attempt to contact that person by telephone
must be
made within 24 hours after a determination by the provider that the patient
lacks
decisional capacity.
No person shall be liable for civil damages or subject to
professional discipline based on a claim of violating a patient's
right to confidentiality as a result of making a reasonable
inquiry as to the availability of a patient's family member
or health care agent, except for willful or wanton misconduct.
The surrogate decision makers, as
identified by the attending physician, are then authorized to make decisions
as follows: (i) for patients who lack decisional capacity and do not have a
qualifying condition, medical treatment decisions may be made in
accordance with subsection (b-5) of Section 20; and (ii) for patients who
lack decisional capacity and have a qualifying condition, medical treatment
decisions including
whether to forgo life-sustaining treatment on behalf of the
patient may be made without court order or judicial involvement in the
following order of
priority:
(1) the patient's guardian of the person;
(2) the patient's spouse;
(3) any adult son or daughter of the patient;
(4) either parent of the patient;
(5) any adult brother or sister of the patient;
(6) any adult grandchild of the patient;
(7) a close friend of the patient;
(8) the patient's guardian of the estate; (9) the patient's temporary custodian appointed under |
The health care provider shall have the right to rely on any of the above
surrogates if the provider believes after reasonable inquiry that neither a
health care agent under the Powers of Attorney for Health Care Law nor a
surrogate of higher priority is available.
Where there are multiple surrogate decision makers at the same
priority level in the hierarchy, it shall be the responsibility of
those surrogates to make reasonable efforts to reach a consensus as
to their decision on behalf of the patient regarding the forgoing
of life-sustaining treatment. If 2 or more surrogates who are in
the same category and have equal priority indicate to the attending
physician that they disagree about the health care matter at issue,
a majority of the available persons in that category (or the parent
with custodial rights) shall control, unless the minority (or the
parent without custodial rights) initiates guardianship proceedings in
accordance with the Probate Act of 1975. No health care provider or other
person is required to seek appointment of a guardian.
(b) After a surrogate has been identified, the name, address,
telephone number, and relationship of that person to the patient
shall be recorded in the patient's medical record.
(c) Any surrogate who becomes unavailable for any reason may be replaced
by applying the provisions of Section 25 in the same manner as for the
initial choice of surrogate.
(d) In the event an individual of a higher priority to an identified
surrogate becomes available and willing to be the surrogate, the individual
with higher priority may be identified as the surrogate. In the event
an individual in a higher, a lower, or the same priority level or a health
care provider seeks to challenge the priority of or the life-sustaining
treatment decision of the recognized surrogate decision maker, the
challenging party may initiate guardianship proceedings in accordance with
the Probate Act of 1975.
(e) The surrogate decision maker shall have the same right as
the patient to receive medical information and medical records and to
consent to disclosure.
(f) Any surrogate shall have the authority to make decisions for the patient until removed by the patient who no longer lacks decisional capacity, appointment of a guardian of the person, or the patient's death.
(Source: P.A. 100-959, eff. 1-1-19.)
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