SB1411 - 104th General Assembly (2025-2026)
HEALTH CARE SURROGATE-POLST
Last Action
8/15/2025 - Senate: Public Act . . . . . . . . . 104-0378
Senate Sponsors
Sen. Laura Fine
House Sponsors
(Rep. Jennifer Gong-Gershowitz - Bob Morgan - Daniel Didech - Margaret Croke)
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Health Care Surrogate Act. Provides that if an individual without decisional capacity has an operative and unrevoked living will and the attending physician, in accordance with Section 4 of the Illinois Living Will Act, determines that the individual has a terminal condition and records the condition in the individual's medical record, then the individual's surrogate decision maker, in the order of priority under subsection (a) of Section 25, is authorized to consent to a POLST on behalf of the individual to ensure that the individual's wishes are respected.
Senate Committee Amendment No. 1
Deletes reference to:
Adds reference to:
Replaces everything after the enacting clause. Amends the Illinois Living Will Act. Creates an order of priority for authority to transfer a patient to another physician if the patient is unable to do so as follows: (i) the patient's surrogate decision-maker under the Health Care Surrogate Act, (ii) any person authorized by the patient to make such arrangements, and (iii) any member of the patient's family. Amends the Health Care Surrogate Act to delete the applicability of that Act if the patient has an operative and unrevoked living will under the Illinois Living Will Act.
Senate Floor Amendment No. 2
Deletes reference to:
Adds reference to:
Replaces everything after the enacting clause with the following. Amends the Illinois Living Will Act. Provides that the Illinois Power of Attorney Act governs the applicability of the Act if a patient has a health care agency. Provides that notwithstanding any other provision in the Illinois Living Will Act, a declaration is not operative as long as an agent is available who is authorized to make decisions concerning life-sustaining or death delaying procedures for the patient. Provides that a physician, health care provider, employee, or facility may not require the execution of a POLST or other such similar form to make effective the qualified patient's declaration if a patient has been determined to be a qualified patient. Provides that 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 except as otherwise provided in this Act. Provides that nothing in the Act impairs or supersedes a surrogate decision maker's authority to make decisions regarding life-sustaining treatment on behalf of a patient who lacks decisional capacity and has a qualifying condition as defined in the Health Care Surrogate Act. Provides that a declaration under the Illinois Living Will Act becomes operative when: (1) it has been validly executed; (2) it has not been properly revoked; (3) the patient is unable to give directions regarding the use of life-sustaining or death delaying procedures; and (4) the patient is a qualified patient.
Actions
| Date | Chamber | Action |
|---|---|---|
| 1/31/2025 | Senate | Filed with Secretary by Sen. Laura Fine |
| 1/31/2025 | Senate | First Reading |
| 1/31/2025 | Senate | Referred to Assignments |
| 2/11/2025 | Senate | Assigned to Judiciary |
| 2/20/2025 | Senate | Postponed - Judiciary |
| 3/06/2025 | Senate | Postponed - Judiciary |
| 3/11/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine |
| 3/11/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 3/18/2025 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Judiciary |
| 3/19/2025 | Senate | Senate Committee Amendment No. 1 Adopted |
| 3/19/2025 | Senate | Do Pass as Amended Judiciary; 009-000-000 |
| 3/19/2025 | Senate | Placed on Calendar Order of 2nd Reading March 20, 2025 |
| 3/20/2025 | Senate | Second Reading |
| 3/20/2025 | Senate | Placed on Calendar Order of 3rd Reading April 1, 2025 |
| 4/03/2025 | Senate | Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine |
| 4/03/2025 | Senate | Senate Floor Amendment No. 2 Referred to Assignments |
| 4/08/2025 | Senate | Senate Floor Amendment No. 2 Assignments Refers to Judiciary |
| 4/09/2025 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-000-000 |
| 4/10/2025 | Senate | Recalled to Second Reading |
| 4/10/2025 | Senate | Senate Floor Amendment No. 2 Adopted; Fine |
| 4/10/2025 | Senate | Placed on Calendar Order of 3rd Reading |
| 4/10/2025 | Senate | Third Reading - Passed; 055-000-000 |
| 4/10/2025 | House | Arrived in House |
| 4/10/2025 | House | Chief House Sponsor Rep. Jennifer Gong-Gershowitz |
| 4/11/2025 | House | First Reading |
| 4/11/2025 | House | Referred to Rules Committee |
| 4/17/2025 | House | Assigned to Judiciary - Civil Committee |
| 4/23/2025 | House | Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000 |
| 4/23/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 5/16/2025 | House | Second Reading - Short Debate |
| 5/16/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 5/20/2025 | House | Added Alternate Chief Co-Sponsor Rep. Bob Morgan |
| 5/20/2025 | House | Added Alternate Chief Co-Sponsor Rep. Daniel Didech |
| 5/20/2025 | House | Added Alternate Chief Co-Sponsor Rep. Margaret Croke |
| 5/22/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 5/22/2025 | House | Third Reading - Short Debate - Passed 112-000-000 |
| 5/22/2025 | Senate | Passed Both Houses |
| 6/20/2025 | Senate | Sent to the Governor |
| 8/15/2025 | Senate | Governor Approved |
| 8/15/2025 | Senate | Effective Date January 1, 2026 |
| 8/15/2025 | Senate | Public Act . . . . . . . . . 104-0378 |