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Public Act 104-0378
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| SB1411 Enrolled | LRB104 07373 JRC 17413 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, |
represented in the General Assembly:
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Section 5. The Illinois Living Will Act is amended by |
changing Section 9 and by adding Sections 3.5 and 9.5 as |
follows:
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(755 ILCS 35/3.5 new) |
Sec. 3.5. Applicability. Section 4-11 of the Illinois |
Power of Attorney Act governs the applicability of this Act if |
a patient has a health care agency. Notwithstanding Section |
9.5 or any other provision in this Act, a declaration is not |
operative as long as an agent is available who is authorized by |
a health care agency to make decisions concerning |
life-sustaining or death delaying procedures for the patient, |
and nothing in this Act may impair or supersede the authority |
of an agent under a health care agency to make decisions |
regarding life-sustaining or death delaying treatment.
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(755 ILCS 35/9) (from Ch. 110 1/2, par. 709) |
Sec. 9. General provisions. |
(a) The withholding or withdrawal of death delaying |
procedures from a qualified patient in accordance with the |
provisions of this Act shall not, for any purpose, constitute |
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a suicide. |
(b) The making of a declaration pursuant to Section 3 |
shall not affect in any manner the sale, procurement, or |
issuance of any policy of life insurance, nor shall it be |
deemed to modify the terms of an existing policy of life |
insurance. No policy of life insurance shall be legally |
impaired or invalidated in any manner by the withholding or |
withdrawal of death delaying procedures from an insured |
qualified patient, notwithstanding any term of the policy to |
the contrary. |
(c) No physician, health care facility, or other health |
care provider, and no health care service plan, health |
maintenance organization, insurer issuing disability |
insurance, self-insured employee welfare benefit plan, |
nonprofit medical service corporation or mutual nonprofit |
hospital service corporation shall require any person to |
execute a declaration as a condition for being insured for, or |
receiving, health care services. |
(d) Nothing in this Act shall impair or supersede any |
legal right or legal responsibility which any person may have |
to effect the withholding or withdrawal of death delaying |
procedures in any lawful manner. In such respect the |
provisions of this Act are cumulative. |
(e) This Act shall create no presumption concerning the |
intention of an individual who has not executed a declaration |
to consent to the use or withholding of death delaying |
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procedures in the event of a terminal condition. |
(f) Nothing in this Act shall be construed to condone, |
authorize or approve mercy killing or to permit any |
affirmative or deliberate act or omission to end life other |
than to permit the natural process of dying as provided in this |
Act. |
(g) An instrument executed before the effective date of |
this Act that substantially complies with subsection (e) of |
Section 3 shall be given effect pursuant to the provisions of |
this Act. |
(h) A declaration executed in another state in compliance |
with the law of that state or this State is validly executed |
for purposes of this Act, and such declaration shall be |
applied in accordance with the provisions of this Act. |
(i) Documents, writings, forms, and copies referred to in |
this Act may be in hard copy or electronic format. Nothing in |
this Act is intended to prevent the population of a |
declaration, document, writing, or form with electronic data. |
Electronic documents under this Act may be created, signed, or |
revoked electronically using a generic, technology-neutral |
system in which each user is assigned a unique identifier that |
is securely maintained and in a manner that meets the |
regulatory requirements for a digital or electronic signature. |
Compliance with the standards defined in the Uniform |
Electronic Transactions Act or the implementing rules of the |
Hospital Licensing Act for medical record entry authentication |
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for author validation of the documentation, content accuracy, |
and completeness meets this standard. |
(j) No physician, health care provider, employee, or |
facility may require the execution of a POLST or other such |
similar form to put into effect the qualified patient's |
declaration if a patient has been determined to be a qualified |
patient. |
(k) Except as otherwise provided in this Act, a physician, |
health care provider, employee, or facility may rely on and |
must comply with a qualified patient's declaration that is |
apparent and immediately available if a patient has been |
determined to be a qualified patient and the patient lacks |
ability to give directions regarding the use of death delaying |
procedures. |
(l) Nothing in this Act impairs or supersedes a surrogate |
decision maker's authority to make decisions regarding |
life-sustaining or death delaying treatment on behalf of a |
patient who lacks decisional capacity and has a qualifying |
condition as defined in the Health Care Surrogate Act. |
(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21.)
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(755 ILCS 35/9.5 new) |
Sec. 9.5. Operation of living will. Subject to Section 3.5 |
and Section 9(l), a declaration under this Act becomes |
operative when all of the following conditions have been met: |
(1) it has been validly executed; |