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| Public Act 102-0744
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| SB2974 Enrolled | LRB102 22492 LNS 31633 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Health Care Surrogate Act is amended by |
changing Section 10 as follows:
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(755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
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(Text of Section from P.A. 102-140)
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Sec. 10. Definitions.
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"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 |
