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Public Act 102-0744
Public Act 0744 102ND GENERAL ASSEMBLY
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Public Act 102-0744
| | SB2974 Enrolled | LRB102 22492 LNS 31633 b |
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| AN ACT concerning civil law.
| 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 10 as follows:
| (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
| (Text of Section from P.A. 102-140)
| Sec. 10. Definitions.
| "Adult" means a person who is (i) 18 years of age or older | or (ii) an
emancipated minor under the Emancipation of
Minors | Act.
| "Artificial nutrition and hydration" means supplying food | and water through a
conduit, such as a tube or intravenous | line, where the recipient is not
required to chew or swallow | voluntarily, including, but not limited to,
nasogastric tubes, | gastrostomies, jejunostomies, and
intravenous infusions. | Artificial nutrition and hydration does not include
assisted | feeding, such as spoon or bottle feeding.
| "Available" means that a person is not "unavailable". A | person is
unavailable if (i) the person's existence is not | known, (ii) the person has
not been able to be contacted by | telephone or mail, or (iii) the person
lacks decisional | capacity, refuses to accept the office of surrogate, or is
|
| unwilling to respond in a manner that indicates a choice among | the
treatment matters at issue.
| "Attending physician" means the physician selected by or
| assigned to the patient who has primary responsibility for
| treatment and care of the patient and who is a licensed | physician
in Illinois or a physician licensed in the state | where the patient is being treated. If more than one physician | shares that
responsibility, any of those physicians may act as | the attending
physician under this Act.
| "Close friend" means any person 18 years of age or older | who
has exhibited special care and concern for the patient and | who
presents an affidavit to the attending physician stating | that he or
she (i) is a close friend of the patient, (ii) is | willing and able to become
involved in the patient's health | care, and (iii) has maintained such
regular contact with the | patient as to be familiar with the
patient's activities, | health, and religious and moral beliefs. The
affidavit must | also state facts and circumstances that demonstrate that
| familiarity.
| "Death" means when, according to accepted medical | standards,
there is (i) an irreversible cessation of | circulatory and
respiratory functions or (ii) an irreversible | cessation of all
functions of the entire brain, including the | brain stem.
| "Decisional capacity" means the ability to understand and
| appreciate the nature and consequences of a decision regarding
|
| medical treatment or
forgoing life-sustaining treatment and | the ability to reach and
communicate an informed decision in | the matter as determined by the
attending physician.
| "Forgo life-sustaining treatment" means to withhold,
| withdraw, or terminate all or any portion of life-sustaining
| treatment with knowledge that the patient's death is likely to
| result.
| "Guardian" means a court appointed guardian of the person | who
serves as a representative of a minor or as a | representative of a
person under legal disability.
| "Health care facility" means a type of health care | provider
commonly known by a wide variety of titles, including | but not
limited to, hospitals, medical centers, nursing homes,
| rehabilitation centers, long term or tertiary care facilities, | and
other facilities established to administer health care and | provide
overnight stays in their ordinary course of business | or practice.
| "Health care provider" means a person that is licensed,
| certified, or otherwise authorized or permitted by the law of | this
State or licensed in the state where the patient is being | treated to administer health care in the ordinary course of | business
or practice of a profession, including, but not | limited to,
physicians, nurses, health care facilities, and | any employee,
officer, director, agent, or person under | contract with such a
person.
| "Imminent" (as in "death is imminent") means a |
| determination
made by the attending physician according to | accepted medical
standards that death will occur in a | relatively short period of
time, even if life-sustaining | treatment is initiated or continued.
| "Life-sustaining treatment" means any medical treatment,
| procedure, or intervention that, in the judgment of the | attending
physician, when applied to a patient with a | qualifying condition,
would not be effective to remove the | qualifying condition
or would serve only to prolong the dying | process. Those
procedures can include, but are not limited to, | assisted
ventilation, renal dialysis, surgical procedures, | blood
transfusions, and the administration of drugs, | antibiotics, and
artificial nutrition and hydration.
| "Minor" means an individual who is not an adult as defined | in
this Act.
| "Parent" means a person who is the natural or adoptive | mother
or father of the child and whose parental rights have | not been
terminated by a court of law.
| "Patient" means an adult or minor individual, unless | otherwise
specified, under the care or treatment of a licensed | physician or
other health care provider.
| "Person" means an individual, a corporation, a business | trust,
a trust, a partnership, an association, a government, a
| governmental subdivision or agency, or any other legal entity.
| "Qualifying condition" means the existence of one or more | of
the following conditions in a patient certified in writing |
| in the
patient's medical record by the attending physician and | by at least
one other qualified health care practitioner:
| (1) "Terminal condition" means an illness or injury | for
which there is no reasonable prospect of cure or | recovery,
death is imminent, and the application of | life-sustaining
treatment would only prolong the dying | process.
| (2) "Permanent unconsciousness" means a condition | that,
to a high degree of medical certainty, (i) will last
| permanently, without improvement, (ii) in which
thought, | sensation, purposeful action, social interaction, and
| awareness of self and environment are absent, and (iii) | for
which initiating or continuing life-sustaining | treatment, in
light of the patient's medical condition, | provides only
minimal medical benefit.
| (3) "Incurable or irreversible condition" means an
| illness or injury (i) for which there is no reasonable
| prospect of cure or recovery, (ii) that ultimately will | cause
the patient's death even if life-sustaining | treatment is
initiated or continued, (iii) that imposes | severe pain or
otherwise imposes an inhumane burden on the | patient, and (iv)
for which initiating or continuing | life-sustaining treatment,
in light of the patient's | medical condition, provides only
minimal medical benefit.
| The determination that a patient has a qualifying | condition creates
no presumption regarding the application or |
| non-application of life-sustaining
treatment. It is only after | a determination by the attending physician that the patient | has a qualifying condition that the
surrogate decision maker | may consider whether or not to forgo
life-sustaining | treatment. In making this decision, the surrogate
shall weigh | the burdens on the patient of initiating or continuing
| life-sustaining treatment against the benefits of that | treatment.
| "Qualified health care practitioner" means an individual
| who has personally examined the patient and who is licensed in | an Illinois or in the state where the patient is being treated | and who is a
licensed physician, advanced practice registered | nurse,
physician assistant, or resident with at least one year | of
graduate or specialty training in this State who holds a an
| Illinois temporary license to practice medicine and is | enrolled
in a residency program accredited by the Liaison | Committee on
Graduate Medical Education or the Bureau of | Professional
Education of the American Osteopathic | Association. | "Physician" means a physician licensed to practice | medicine in all its branches in this State or in the state | where the patient is being treated.
| "Surrogate decision maker" means an adult individual or
| individuals who (i) have decisional capacity, (ii) are | available
upon reasonable inquiry, (iii) are willing to make | medical treatment
decisions on behalf of
a patient who lacks |
| decisional capacity, and (iv) are identified by
the attending | physician in accordance with the provisions of this
Act as the | person or persons who are to make those decisions in
| accordance with the provisions of this Act.
| (Source: P.A. 102-140, eff. 1-1-22.)
| (Text of Section from P.A. 102-182)
| Sec. 10. Definitions.
| "Adult" means a person who is (i) 18 years of age or older | or (ii) an
emancipated minor under the Emancipation of
Minors | Act.
| "Artificial nutrition and hydration" means supplying food | and water through a
conduit, such as a tube or intravenous | line, where the recipient is not
required to chew or swallow | voluntarily, including, but not limited to,
nasogastric tubes, | gastrostomies, jejunostomies, and
intravenous infusions. | Artificial nutrition and hydration does not include
assisted | feeding, such as spoon or bottle feeding.
| "Available" means that a person is not "unavailable". A | person is
unavailable if (i) the person's existence is not | known, (ii) the person has
not been able to be contacted by | telephone or mail, or (iii) the person
lacks decisional | capacity, refuses to accept the office of surrogate, or is
| unwilling to respond in a manner that indicates a choice among | the
treatment matters at issue.
| "Attending physician" means the physician selected by or
|
| assigned to the patient who has primary responsibility for
| treatment and care of the patient and who is a licensed | physician
in Illinois or a physician licensed in the state | where the patient is being treated. If more than one physician | shares that
responsibility, any of those physicians may act as | the attending
physician under this Act.
| "Close friend" means any person 18 years of age or older | who
has exhibited special care and concern for the patient and | who
presents an affidavit to the attending physician stating | that he or
she (i) is a close friend of the patient, (ii) is | willing and able to become
involved in the patient's health | care, and (iii) has maintained such
regular contact with the | patient as to be familiar with the
patient's activities, | health, and religious and moral beliefs. The
affidavit must | also state facts and circumstances that demonstrate that
| familiarity.
| "Death" means when, according to accepted medical | standards,
there is (i) an irreversible cessation of | circulatory and
respiratory functions or (ii) an irreversible | cessation of all
functions of the entire brain, including the | brain stem.
| "Decisional capacity" means the ability to understand and
| appreciate the nature and consequences of a decision regarding
| medical treatment or
forgoing life-sustaining treatment and | the ability to reach and
communicate an informed decision in | the matter as determined by the
attending physician.
|
| "Forgo life-sustaining treatment" means to withhold,
| withdraw, or terminate all or any portion of life-sustaining
| treatment with knowledge that the patient's death is likely to
| result.
| "Guardian" means a court appointed guardian of the person | who
serves as a representative of a minor or as a | representative of a
person under legal disability.
| "Health care facility" means a type of health care | provider
commonly known by a wide variety of titles, including | but not
limited to, hospitals, medical centers, nursing homes,
| rehabilitation centers, long term or tertiary care facilities, | and
other facilities established to administer health care and | provide
overnight stays in their ordinary course of business | or practice.
| "Health care provider" means a person that is licensed,
| certified, or otherwise authorized or permitted by the law of | this
State or licensed in the state where the patient is being | treated to administer health care in the ordinary course of | business
or practice of a profession, including, but not | limited to,
physicians, nurses, health care facilities, and | any employee,
officer, director, agent, or person under | contract with such a
person.
| "Imminent" (as in "death is imminent") means a | determination
made by the attending physician according to | accepted medical
standards that death will occur in a | relatively short period of
time, even if life-sustaining |
| treatment is initiated or continued.
| "Life-sustaining treatment" means any medical treatment,
| procedure, or intervention that, in the judgment of the | attending
physician, when applied to a patient with a | qualifying condition,
would not be effective to remove the | qualifying condition
or would serve only to prolong the dying | process. Those
procedures can include, but are not limited to, | assisted
ventilation, renal dialysis, surgical procedures, | blood
transfusions, and the administration of drugs, | antibiotics, and
artificial nutrition and hydration.
| "Minor" means an individual who is not an adult as defined | in
this Act.
| "Parent" means a person who is the natural or adoptive | mother
or father of the child and whose parental rights have | not been
terminated by a court of law.
| "Patient" means an adult or minor individual, unless | otherwise
specified, under the care or treatment of a licensed | physician or
other health care provider.
| "Person" means an individual, a corporation, a business | trust,
a trust, a partnership, an association, a government, a
| governmental subdivision or agency, or any other legal entity.
| "Qualifying condition" means the existence of one or more | of
the following conditions in a patient certified in writing | in the
patient's medical record by the attending physician and | by at least
one other qualified health care practitioner | physician:
|
| (1) "Terminal condition" means an illness or injury | for
which there is no reasonable prospect of cure or | recovery,
death is imminent, and the application of | life-sustaining
treatment would only prolong the dying | process.
| (2) "Permanent unconsciousness" means a condition | that,
to a high degree of medical certainty, (i) will last
| permanently, without improvement, (ii) in which
thought, | sensation, purposeful action, social interaction, and
| awareness of self and environment are absent, and (iii) | for
which initiating or continuing life-sustaining | treatment, in
light of the patient's medical condition, | provides only
minimal medical benefit.
| (3) "Incurable or irreversible condition" means an
| illness or injury (i) for which there is no reasonable
| prospect of cure or recovery, (ii) that ultimately will | cause
the patient's death even if life-sustaining | treatment is
initiated or continued, (iii) that imposes | severe pain or
otherwise imposes an inhumane burden on the | patient, and (iv)
for which initiating or continuing | life-sustaining treatment,
in light of the patient's | medical condition, provides only
minimal medical benefit.
| The determination that a patient has a qualifying | condition creates
no presumption regarding the application or | non-application of life-sustaining
treatment. It is only after | a determination by the attending
physician that the patient |
| has a qualifying condition that the
surrogate decision maker | may consider whether or not to forgo
life-sustaining | treatment. In making this decision, the surrogate
shall weigh | the burdens on the patient of initiating or continuing
| life-sustaining treatment against the benefits of that | treatment.
| "Qualified health care practitioner" means an individual | who has personally examined the patient and who is licensed in | Illinois or in the state where the patient is being treated and | who is a physician, advanced practice registered nurse, | physician assistant, or resident with at least one year of | graduate or specialty training who holds a temporary license | to practice medicine and is enrolled in a residency program | accredited by the Liaison Committee on Graduate Medical | Education or the Bureau of Professional Education of the | American Osteopathic Association. | "Physician" means a physician licensed to practice | medicine in all its branches in this State or in the state | where the patient is being treated. | "Qualified physician" means a physician licensed to | practice
medicine in all of its branches in Illinois or a | physician licensed in the state where the patient is being | treated who has personally
examined the patient.
| "Surrogate decision maker" means an adult individual or
| individuals who (i) have decisional capacity, (ii) are | available
upon reasonable inquiry, (iii) are willing to make |
| medical treatment
decisions on behalf of
a patient who lacks | decisional capacity, and (iv) are identified by
the attending | physician in accordance with the provisions of this
Act as the | person or persons who are to make those decisions in
| accordance with the provisions of this Act.
| (Source: P.A. 102-182, eff. 7-30-21.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 5/6/2022
|
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