Public Act 096-0765
 		





SB2256 Enrolled
LRB096 03265 AJO 13282 b






    AN ACT concerning advance directives.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Health Care Surrogate Act is amended  by 
changing Section 65 as follows:
 
    (755 ILCS 40/65)

    Sec. 65. Do-not-resuscitate advance directive forms.

    (a) An individual of sound mind and having reached the age 
of majority or
having
obtained the status of an emancipated 
person pursuant to the Emancipation of

Minors Act may execute a 
document (consistent with the Department of Public
Health 
Uniform DNR Advance Directive) directing that
resuscitating 
efforts shall not be implemented.  Such a document may also
be 
executed by an attending physician.  Notwithstanding the 
existence of a do-not-resuscitate (DNR)
DNR order, appropriate 
organ donation treatment may be applied or continued

temporarily in the event of the patient's death, in accordance 
with subsection
(g) of Section 20 of this Act, if the patient 
is an organ donor.


    (b) Consent to a DNR Advance Directive may be obtained from 
the individual, or from
another
person at the individual's 
direction, or from the individual's legal guardian,
agent under 
a
power of attorney for health care, or surrogate decision 
maker, and witnessed
by one individual 2
individuals 18 years 
of age or older, who attests that the individual, other person, 
guardian, agent, or surrogate (1) has had an opportunity to 
read the form; and (2)  has signed the form or acknowledged his 
or her signature or mark on the form in the witness's presence.


    (c) The DNR Advance Directive may, but need not, be in the 
form adopted by the
Department
of
Public Health pursuant to 
Section 2310-600 of the Department of Public Health
Powers and

Duties Law (20 ILCS 2310/2310-600).


    (d) A health care professional or health care provider may 
presume, in the
absence
of knowledge to the contrary, that a 
completed Department of Public Health
Uniform DNR
Advance 
Directive

or a copy of that Advance Directive is a valid DNR 
Advance Directive.  A health care professional or
health
care 
provider, or an employee of a health care professional or 
health care
provider, who in
good faith complies
with a 
do-not-resuscitate order made in accordance with this Act is 
not,
as a result of that compliance, subject to any criminal or 
civil liability,
except for willful and wanton misconduct, and

may not be found to have committed an act of unprofessional 
conduct.
    (e) Nothing in this Section or this Amendatory Act of the 
94th General Assembly shall be construed to affect the ability 
of a physician to make a do-not-resuscitate DNR order.


(Source: P.A. 93-794, eff. 7-22-04; 94-865, eff. 6-16-06.)





Effective Date:  1/1/2010