Bill Text: IL HB0704 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Amends the Health Care Surrogate Act. Provides that "attending physician", "health care provider", and "qualified physician" include a physician licensed in the state where the patient is being treated. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2021-06-23 - Sent to the Governor [HB0704 Detail]

Download: Illinois-2021-HB0704-Enrolled.html



HB0704 EnrolledLRB102 12654 LNS 17993 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Health Care Surrogate Act is amended by
5changing Section 10 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
9or (ii) an emancipated minor under the Emancipation of Minors
10Act.
11 "Artificial nutrition and hydration" means supplying food
12and water through a conduit, such as a tube or intravenous
13line, where the recipient is not required to chew or swallow
14voluntarily, including, but not limited to, nasogastric tubes,
15gastrostomies, jejunostomies, and intravenous infusions.
16Artificial nutrition and hydration does not include assisted
17feeding, such as spoon or bottle feeding.
18 "Available" means that a person is not "unavailable". A
19person is unavailable if (i) the person's existence is not
20known, (ii) the person has not been able to be contacted by
21telephone or mail, or (iii) the person lacks decisional
22capacity, refuses to accept the office of surrogate, or is
23unwilling to respond in a manner that indicates a choice among

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1the treatment matters at issue.
2 "Attending physician" means the physician selected by or
3assigned to the patient who has primary responsibility for
4treatment and care of the patient and who is a licensed
5physician in Illinois or a physician licensed in the state
6where the patient is being treated. If more than one physician
7shares that responsibility, any of those physicians may act as
8the attending physician under this Act.
9 "Close friend" means any person 18 years of age or older
10who has exhibited special care and concern for the patient and
11who presents an affidavit to the attending physician stating
12that he or she (i) is a close friend of the patient, (ii) is
13willing and able to become involved in the patient's health
14care, and (iii) has maintained such regular contact with the
15patient as to be familiar with the patient's activities,
16health, and religious and moral beliefs. The affidavit must
17also state facts and circumstances that demonstrate that
18familiarity.
19 "Death" means when, according to accepted medical
20standards, there is (i) an irreversible cessation of
21circulatory and respiratory functions or (ii) an irreversible
22cessation of all functions of the entire brain, including the
23brain stem.
24 "Decisional capacity" means the ability to understand and
25appreciate the nature and consequences of a decision regarding
26medical treatment or forgoing life-sustaining treatment and

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1the ability to reach and communicate an informed decision in
2the matter as determined by the attending physician.
3 "Forgo life-sustaining treatment" means to withhold,
4withdraw, or terminate all or any portion of life-sustaining
5treatment with knowledge that the patient's death is likely to
6result.
7 "Guardian" means a court appointed guardian of the person
8who serves as a representative of a minor or as a
9representative of a person under legal disability.
10 "Health care facility" means a type of health care
11provider commonly known by a wide variety of titles, including
12but not limited to, hospitals, medical centers, nursing homes,
13rehabilitation centers, long term or tertiary care facilities,
14and other facilities established to administer health care and
15provide overnight stays in their ordinary course of business
16or practice.
17 "Health care provider" means a person that is licensed,
18certified, or otherwise authorized or permitted by the law of
19this State or licensed in the state where the patient is being
20treated to administer health care in the ordinary course of
21business or practice of a profession, including, but not
22limited to, physicians, nurses, health care facilities, and
23any employee, officer, director, agent, or person under
24contract with such a person.
25 "Imminent" (as in "death is imminent") means a
26determination made by the attending physician according to

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1accepted medical standards that death will occur in a
2relatively short period of time, even if life-sustaining
3treatment is initiated or continued.
4 "Life-sustaining treatment" means any medical treatment,
5procedure, or intervention that, in the judgment of the
6attending physician, when applied to a patient with a
7qualifying condition, would not be effective to remove the
8qualifying condition or would serve only to prolong the dying
9process. Those procedures can include, but are not limited to,
10assisted ventilation, renal dialysis, surgical procedures,
11blood transfusions, and the administration of drugs,
12antibiotics, and artificial nutrition and hydration.
13 "Minor" means an individual who is not an adult as defined
14in this Act.
15 "Parent" means a person who is the natural or adoptive
16mother or father of the child and whose parental rights have
17not been terminated by a court of law.
18 "Patient" means an adult or minor individual, unless
19otherwise specified, under the care or treatment of a licensed
20physician or other health care provider.
21 "Person" means an individual, a corporation, a business
22trust, a trust, a partnership, an association, a government, a
23governmental subdivision or agency, or any other legal entity.
24 "Qualifying condition" means the existence of one or more
25of the following conditions in a patient certified in writing
26in the patient's medical record by the attending physician and

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1by at least one other qualified physician:
2 (1) "Terminal condition" means an illness or injury
3 for which there is no reasonable prospect of cure or
4 recovery, death is imminent, and the application of
5 life-sustaining treatment would only prolong the dying
6 process.
7 (2) "Permanent unconsciousness" means a condition
8 that, to a high degree of medical certainty, (i) will last
9 permanently, without improvement, (ii) in which thought,
10 sensation, purposeful action, social interaction, and
11 awareness of self and environment are absent, and (iii)
12 for which initiating or continuing life-sustaining
13 treatment, in light of the patient's medical condition,
14 provides only minimal medical benefit.
15 (3) "Incurable or irreversible condition" means an
16 illness or injury (i) for which there is no reasonable
17 prospect of cure or recovery, (ii) that ultimately will
18 cause the patient's death even if life-sustaining
19 treatment is initiated or continued, (iii) that imposes
20 severe pain or otherwise imposes an inhumane burden on the
21 patient, and (iv) for which initiating or continuing
22 life-sustaining treatment, in light of the patient's
23 medical condition, provides only minimal medical benefit.
24 The determination that a patient has a qualifying
25condition creates no presumption regarding the application or
26non-application of life-sustaining treatment. It is only after

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1a determination by the attending physician that the patient
2has a qualifying condition that the surrogate decision maker
3may consider whether or not to forgo life-sustaining
4treatment. In making this decision, the surrogate shall weigh
5the burdens on the patient of initiating or continuing
6life-sustaining treatment against the benefits of that
7treatment.
8 "Qualified physician" means a physician licensed to
9practice medicine in all of its branches in Illinois or a
10physician licensed in the state where the patient is being
11treated who has personally examined the patient.
12 "Surrogate decision maker" means an adult individual or
13individuals who (i) have decisional capacity, (ii) are
14available upon reasonable inquiry, (iii) are willing to make
15medical treatment decisions on behalf of a patient who lacks
16decisional capacity, and (iv) are identified by the attending
17physician in accordance with the provisions of this Act as the
18person or persons who are to make those decisions in
19accordance with the provisions of this Act.
20(Source: P.A. 95-331, eff. 8-21-07.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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