2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 40/ - Health Care Surrogate Act.

(755 ILCS 40/1) (from Ch. 110 1/2, par. 851-1)
Sec. 1. 
		Short title. 
		This Act may be cited as the
Health Care Surrogate Act.
(Source: P.A. 87-749.)
(755 ILCS 40/5) (from Ch. 110 1/2, par. 851-5)
Sec. 5. 
		Legislative findings and purposes.
(a) Findings.
The legislature recognizes that all persons have a fundamental
right to make decisions relating to their own medical treatment,
including the right to forgo life-sustaining treatment.
Lack of decisional capacity, alone, should not prevent
decisions to forgo life-sustaining treatment from being made on
behalf of persons who lack decisional capacity and have no known
applicable living will or power of attorney for health care.
Uncertainty and lack of clarity in the law concerning the
making of private decisions concerning medical treatment and to forgo
life-sustaining treatment,
without judicial involvement, causes unnecessary emotional distress
to the individuals involved and unduly impedes upon the individual
right to forgo life-sustaining treatment.
The enactment of statutory guidelines for private decision
making will bring improved clarity and certainty to the process for
implementing decisions concerning medical treatment and to forgo
life-sustaining treatment and will
substantially reduce the associated emotional distress for involved
parties.
(b) Purposes.
This Act is intended to define the circumstances under which
private decisions by patients with decisional capacity and by
surrogate decision makers on behalf of patients lacking decisional
capacity to make medical treatment decisions or to terminate
life-sustaining treatment may be made without
judicial involvement of any kind.
This Act is intended to establish a process for that private
decision making.
This Act is intended to clarify the rights and obligations of
those involved in these private decisions by or on behalf of
patients.
This Act is not intended to condone, authorize, or approve
mercy killing or assisted suicide.
(Source: P.A. 90-246, eff. 1-1-98)
(755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
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 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.
"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; 102-182, eff. 7-30-21; 102-744, eff. 5-6-22.)
(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
Sec. 15. Applicability. This Act applies to patients who lack
decisional capacity
or who have a qualifying condition.  This Act does not
apply to instances in which the patient has an operative and unrevoked
living will under the Illinois Living Will Act, an operative and unrevoked
declaration for mental health treatment under the Mental Health Treatment
Preferences Declaration Act, or an authorized agent under
a power of attorney for health care under the Illinois Power of Attorney
Act and the patient's condition falls within the coverage of the living
will, the declaration for mental health treatment, or the power of attorney
for health care.  In those instances, the
living will, declaration for mental health treatment, or power of
attorney for health care, as the case may be, shall
be given effect according to its terms.  This Act does apply in
circumstances in which a patient has a qualifying condition but the
patient's condition does not fall within the coverage of the living will, the
declaration for mental health treatment, or
the power of attorney for health care.
Each health care facility shall maintain any advance
directives proffered by the patient or other authorized person,
including a do not resuscitate order, a living will, a declaration for mental
health treatment, a declaration of a potential surrogate or surrogates should the person become incapacitated or impaired, or a
power of attorney for health care, in the patient's medical records. This Act does apply to patients without
a qualifying condition.  If a patient is an adult with
decisional
capacity, then the right to refuse medical treatment
or life-sustaining
treatment does
not require the presence of a qualifying condition.
(Source: P.A. 96-448, eff. 1-1-10; 96-492, eff. 8-14-09; 96-1000, eff. 7-2-10.)
(755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20)
Sec. 20. Private decision making process.
(a) Decisions whether to forgo life-sustaining or any other
form of medical treatment involving an adult patient with
decisional capacity may be made by that adult patient.
(b) Decisions whether to forgo life-sustaining treatment on
behalf of a patient without decisional capacity are lawful, without
resort to the courts or legal process, if the patient has a
qualifying condition and if the decisions are made in accordance
with one of the following paragraphs in this subsection and
otherwise meet the requirements of this Act:
(1) Decisions whether to forgo life-sustaining     treatment on behalf of a minor or an adult patient who lacks decisional capacity may be made by a surrogate decision maker or makers in consultation with the attending physician, in the order or priority provided in Section 25.  A surrogate decision maker shall make decisions for the adult patient conforming as closely as possible to what the patient would have done or intended under the circumstances, taking into account evidence that includes, but is not limited to, the patient's personal, philosophical, religious and moral beliefs and ethical values relative to the purpose of life, sickness, medical procedures, suffering, and death.  Where possible, the surrogate shall determine how the patient would have weighed the burdens and benefits of initiating or continuing life-sustaining treatment against the burdens and benefits of that treatment.  In the event an unrevoked advance directive, such as a living will, a declaration for mental health treatment, or a power of attorney for health care, is no longer valid due to a technical deficiency or is not applicable to the patient's condition, that document may be used as evidence of a patient's wishes.  The absence of a living will, declaration for mental health treatment, or power of attorney for health care shall not give rise to any presumption as to the patient's preferences regarding the initiation or continuation of life-sustaining procedures.  If the adult patient's wishes are unknown and remain unknown after reasonable efforts to discern them or if the patient is a minor, the decision shall be made on the basis of the patient's best interests as determined by the surrogate decision maker.  In determining the patient's best interests, the surrogate shall weigh the burdens on and benefits to the patient of initiating or continuing life-sustaining treatment against the burdens and benefits of that treatment and shall take into account any other information, including the views of family and friends, that the surrogate decision maker believes the patient would have considered if able to act for herself or himself.
(2) Decisions whether to forgo life-sustaining     treatment on behalf of a minor or an adult patient who lacks decisional capacity, but without any surrogate decision maker or guardian being available determined after reasonable inquiry by the health care provider, may be made by a court appointed guardian. A court appointed guardian shall be treated as a surrogate for the purposes of this Act.
(b-5) Decisions concerning medical treatment on behalf of a patient
without decisional capacity are lawful, without resort to the courts or legal
process, if the patient does not have a qualifying condition and if decisions
are made in accordance with one of the following paragraphs in this subsection
and otherwise meet the requirements of this Act:
(1) Decisions concerning medical treatment on behalf     of a minor or adult patient who lacks decisional capacity may be made by a surrogate decision maker or makers in consultation with the attending physician, in the order of priority provided in Section 25 with the exception that decisions to forgo life-sustaining treatment may be made only when a patient has a qualifying condition.  A surrogate decision maker shall make decisions for the patient conforming as closely as possible to what the patient would have done or intended under the circumstances, taking into account evidence that includes, but is not limited to, the patient's personal, philosophical, religious, and moral beliefs and ethical values relative to the purpose of life, sickness, medical procedures, suffering, and death.  In the event an unrevoked advance directive, such as a living will, a declaration for mental health treatment, or a power of attorney for health care, is no longer valid due to a technical deficiency or is not applicable to the patient's condition, that document may be used as evidence of a patient's wishes.  The absence of a living will, declaration for mental health treatment, or power of attorney for health care shall not give rise to any presumption as to the patient's preferences regarding any process.  If the adult patient's wishes are unknown and remain unknown after reasonable efforts to discern them or if the patient is a minor, the decision shall be made on the basis of the patient's best interests as determined by the surrogate decision maker.  In determining the patient's best interests, the surrogate shall weigh the burdens on and benefits to the patient of the treatment against the burdens and benefits of that treatment and shall take into account any other information, including the views of family and friends, that the surrogate decision maker believes the patient would have considered if able to act for herself or himself.
(2) Decisions concerning medical treatment on behalf     of a minor or adult patient who lacks decisional capacity, but without any surrogate decision maker or guardian being available as determined after reasonable inquiry by the health care provider, may be made by a court appointed guardian.  A court appointed guardian shall be treated as a surrogate for the purposes of this Act.
(c) For the purposes of this Act, a patient or surrogate
decision maker is presumed to have decisional capacity in the
absence of actual notice to the contrary without regard to advanced age.
With respect to a patient, a
diagnosis of mental illness or an intellectual disability, of itself, is
not a bar to a determination of decisional capacity.  A
determination that an adult patient lacks decisional capacity shall
be made by the attending physician to a reasonable degree of
medical certainty.  The determination shall be in writing in the
patient's medical record and shall set forth the attending physician's opinion regarding the cause, nature, and duration of
the patient's lack of decisional capacity.  Before implementation
of a decision by a surrogate decision maker to forgo
life-sustaining treatment, at least one other qualified health care practitioner 
must concur in the determination that an adult patient lacks decisional
capacity.  The concurring determination shall be made in writing in
the patient's medical record after personal examination of the
patient.  The attending physician shall inform the patient that it
has been determined that the patient lacks decisional capacity and
that a surrogate decision maker will be making life-sustaining
treatment decisions on behalf of the patient.  Moreover, the
patient shall be informed of the identity of the surrogate decision
maker and any decisions made by that surrogate.  If the person
identified as the surrogate decision maker is not a court appointed
guardian and the patient objects to the statutory surrogate
decision maker or any decision made by that surrogate decision
maker, then the provisions of this Act shall not apply.
(d) A surrogate decision maker acting on behalf of
the patient shall express decisions to forgo life-sustaining
treatment to the attending physician and one adult witness who is
at least 18 years of age.  This decision and the substance of any
known discussion before making the decision shall be documented by the
attending physician in the patient's medical record and signed by
the witness.
(e) The existence of a qualifying condition shall be
documented in writing in the patient's medical record by the
attending physician and shall include its cause and nature, if
known.  The written concurrence of another qualified health care practitioner is
also required.
(f) Once the provisions of this Act are complied with, the
attending physician shall thereafter promptly implement the
decision to forgo life-sustaining treatment on behalf of the
patient unless he or she believes that the surrogate decision maker
is not acting in accordance with his or her responsibilities under
this Act, or is unable to do so for reasons of conscience or other
personal views or beliefs.
(g) In the event of a patient's death as determined by a
physician, all life-sustaining treatment and other medical care is
to be terminated, unless the patient is an organ donor, in which
case appropriate organ donation treatment may be applied or continued
temporarily.
(h) A surrogate decision maker may execute a POLST portable medical orders form to forgo life-sustaining treatment consistent with this Section.
(Source: P.A. 102-140, eff. 1-1-22.)
(755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25)
Sec. 25. Surrogate decision making.
(a) When a patient lacks
decisional capacity, the health care provider must make a reasonable
inquiry as to the availability and authority of a health care agent under
the Powers of Attorney for Health Care Law.  When no health care agent is
authorized and available, the health care provider must make a reasonable
inquiry as to the availability of possible surrogates listed in items (1)
through (4) of this
subsection.  For purposes of this Section, a reasonable inquiry includes,
but is not
limited to, identifying a member of the patient's family or other health care
agent by
examining the patient's personal effects or medical records.  If a family
member or other
health care agent is identified, an attempt to contact that person by telephone
must be
made within 24 hours after a determination by the provider that the patient
lacks
decisional capacity.
No person shall be liable for civil damages or subject to
professional discipline based on a claim of violating a patient's
right to confidentiality as a result of making a reasonable
inquiry as to the availability of a patient's family member
or health care agent, except for willful or wanton misconduct.
The surrogate decision makers, as
identified by the attending physician, are then authorized to make decisions
as follows:  (i) for patients who lack decisional capacity and do not have a
qualifying condition, medical treatment decisions may be made in
accordance with subsection (b-5) of Section 20; and (ii) for patients who
lack decisional capacity and have a qualifying condition, medical treatment
decisions including
whether to forgo life-sustaining treatment on behalf of the
patient may be made without court order or judicial involvement in the
following order of
priority:
(1) the patient's guardian of the person;
(2) the patient's spouse;
(3) any adult son or daughter of the patient;
(4) either parent of the patient;
(5) any adult brother or sister of the patient;
(6) any adult grandchild of the patient;
(7) a close friend of the patient;
(8) the patient's guardian of the estate;
(9) the patient's temporary custodian appointed under     subsection (2) of Section 2-10 of the Juvenile Court Act of 1987 if the court has entered an order granting such authority pursuant to subsection (12) of Section 2-10 of the Juvenile Court Act of 1987.
The health care provider shall have the right to rely on any of the above
surrogates if the provider believes after reasonable inquiry that neither a
health care agent under the Powers of Attorney for Health Care Law nor a
surrogate of higher priority is available.
Where there are multiple surrogate decision makers at the same
priority level in the hierarchy, it shall be the responsibility of
those surrogates to make reasonable efforts to reach a consensus as
to their decision on behalf of the patient regarding the forgoing
of life-sustaining treatment.  If 2 or more surrogates who are in
the same category and have equal priority indicate to the attending
physician that they disagree about the health care matter at issue,
a majority of the available persons in that category (or the parent
with custodial rights) shall control, unless the minority (or the
parent without custodial rights) initiates guardianship proceedings in
accordance with the Probate Act of 1975.  No health care provider or other
person is required to seek appointment of a guardian.
(b) After a surrogate has been identified, the name, address,
telephone number, and relationship of that person to the patient
shall be recorded in the patient's medical record.
(c) Any surrogate who becomes unavailable for any reason may be replaced
by applying the provisions of Section 25 in the same manner as for the
initial choice of surrogate.
(d) In the event an individual of a higher priority to an identified
surrogate becomes available and willing to be the surrogate, the individual
with higher priority may be identified as the surrogate.  In the event
an individual in a higher, a lower, or the same priority level or a health
care provider seeks to challenge the priority of or the life-sustaining
treatment decision of the recognized surrogate decision maker, the
challenging party may initiate guardianship proceedings in accordance with
the Probate Act of 1975.
(e) The surrogate decision maker shall have the same right as
the patient to receive medical information and medical records and to
consent to disclosure.
(f) Any surrogate shall have the authority to make decisions for the patient until removed by the patient who no longer lacks decisional capacity, appointment of a guardian of the person, or the patient's death.
(Source: P.A. 100-959, eff. 1-1-19.)
(755 ILCS 40/30) (from Ch. 110 1/2, par. 851-30)
Sec. 30. 
		Reliance on authority of surrogate decision maker.
(a) Every health care provider and other person (a "reliant") shall have
the right to rely on any decision or direction by the surrogate decision
maker (the "surrogate") that is not clearly contrary to this Act, to the
same extent and with the same effect as though the decision or direction
had been made or given by a patient with decisional capacity.  Any person
dealing with the surrogate may presume in the absence of actual knowledge
to the contrary that the acts of the surrogate conform to the provisions of
this Act.  A reliant will not be protected who has actual knowledge that
the surrogate is not entitled to act or that any particular action or
inaction is contrary to the provisions of this Act.
(b) A health care provider (a "provider") who relies on and carries out
a surrogate's directions and who acts with due care and in accordance with
this Act shall not be subject to any claim based on lack of patient consent
or to criminal prosecution or discipline for unprofessional conduct.
Nothing in this Act shall be deemed to protect a provider from liability
for the provider's own negligence in the performance of the provider's
duties or in carrying out any instructions of the surrogate, and nothing in
this Act shall be deemed to alter the law of negligence as it applies to
the acts of any surrogate or provider.
(c) A surrogate who acts or fails to act with due care and in accordance
with the provisions of this Act shall not be subject to criminal
prosecution or any claim based upon lack of surrogate authority or failure
to act. The surrogate shall not be liable merely because the surrogate may
benefit from the act, has individual or conflicting interests in relation
to the care and affairs of the patient, or acts in a different manner with
respect to the patient and the surrogate's own care or interests.
(Source: P.A. 87-749.)
(755 ILCS 40/35) (from Ch. 110 1/2, par. 851-35)
Sec. 35. 
		
		Conscience of health care provider; policy of the
health care facility.  A health care provider who because of
personal views or beliefs or his or her conscience is unable to
comply with the terms of a decision to forgo life-sustaining
treatment shall, without undue delay, so notify the administration
of the health care facility.  The health care provider shall then
assist the patient or surrogate in effectuating the timely transfer
of the patient to another health care provider willing to comply
with the wishes of the patient or the surrogate in accordance with
this Act or, if necessary, arrange for the patient's transfer to
another facility designated by the patient or surrogate decision
maker.  If the policies of a health care facility preclude
compliance with a decision to forgo life-sustaining treatment, the
facility shall take all reasonable steps to assist the patient or
surrogate in effectuating the timely transfer of the patient to a
facility in which the decision can be carried out.
(Source: P.A. 87-749.)
(755 ILCS 40/40) (from Ch. 110 1/2, par. 851-40)
Sec. 40. 
		Neonates. 
		Nothing in this Act supersedes the
provisions of 45 C.F.R. 1340.15 concerning the provision of
"appropriate" nutrition, hydration, and medication for neonates.
(Source: P.A. 87-749.)
(755 ILCS 40/45) (from Ch. 110 1/2, par. 851-45)
Sec. 45. 
		Life insurance. 
		No policy of life insurance, or
annuity or other type of contract that is conditioned on the life
or death of the patient, shall be legally impaired or invalidated in
any manner by the withholding or withdrawal of life-sustaining
treatment from a patient in accordance with the provisions of this
Act, notwithstanding any terms of the policy to the contrary.
(Source: P.A. 87-749.)
(755 ILCS 40/50) (from Ch. 110 1/2, par. 851-50)
Sec. 50. 
		Not suicide or murder. 
		The withholding or
withdrawal of life-sustaining treatment from a patient in
accordance with the provisions of this Act does not, for any
purpose, constitute suicide or murder.  The withholding or
withdrawal of life-sustaining treatment from a patient in
accordance with the provisions of this Act, however, shall not
relieve any individual of responsibility for any criminal acts that
may have caused the existence of the qualifying condition in the
patient.  Nothing in this Act shall be construed to condone,
authorize, or approve mercy killing or assisted suicide.
(Source: P.A. 87-749.)
(755 ILCS 40/55) (from Ch. 110 1/2, par. 851-55)
Sec. 55. 
		Preservation of existing rights. 
		The provisions
of this Act are cumulative with existing law regarding an
individual's right to consent or refuse to consent to medical
treatment.  The provisions of this Act shall not impair any
existing rights or responsibilities that a health care provider, a
patient, including a minor or a patient lacking decisional
capacity, or a patient's family may have in regard to the
withholding or withdrawal of life-sustaining treatment, including
any rights to seek judicial review of decisions regarding
life-sustaining treatment under the common law or statutes of this
State to the extent they are not inconsistent with the provisions
of this Act.
(Source: P.A. 87-749.)
(755 ILCS 40/60)
Sec. 60. Health care surrogate; specific mental health services.
(a) In this Section, "specific mental health services" means the
administration of psychotropic medication or electroconvulsive therapy under Section 2-107 or 2-107.1
						
						of the Mental Health and Developmental Disabilities Code or
admission to a mental health facility as defined in Section 1-114 of that
Code.
(b) A surrogate decision maker, other than a court appointed
guardian, may not consent to specific mental health services for an adult
patient.
A surrogate decision maker may, however, petition for the
provision of specific mental health services pursuant to the Mental Health and
Developmental Disabilities Code.
(c) This Section does not grant a court-appointed guardian any additional
authority to consent to specific mental health services than is permitted by
the Mental Health and Developmental Disabilities Code.
(Source: P.A. 95-172, eff. 8-14-07.)
(755 ILCS 40/65)
Sec. 65. Department of Public Health Uniform POLST form.
(a) An individual of sound mind and having reached the age of majority or
having
obtained the status of an emancipated person pursuant to the Emancipation of

Minors Act may execute a document (consistent with the Department of Public
Health Uniform POLST form  described in Section 2310-600 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois) directing that
resuscitating efforts shall not be implemented. This individual may also revoke the document at will.  Such a document may also
be executed by a qualified health care practitioner.  If more than one practitioner shares responsibility for the treatment and care of an individual, any of the qualified health care practitioners may act under this Section. Notwithstanding the existence of a do-not-resuscitate (DNR)
 order or Department of Public Health Uniform POLST form, appropriate organ donation treatment may be applied or continued
temporarily in the event of the patient's death, in accordance with subsection
(g) of Section 20 of this Act, if the patient is an organ donor.
(a-5) Execution of a Department of Public Health Uniform POLST form is voluntary; no person can be required to execute the form. Execution of a POLST form shall not be a
requirement for admission to any facility or a precondition to
the provision of services by any provider of health care
services.  A person who has executed a  Department of Public Health Uniform POLST form should review the form annually and when the person's condition changes.
(b) Consent to a Department of Public Health Uniform POLST form may be obtained from the individual, or from
another
person at the individual's direction, or from the individual's legal guardian,
agent under a
power of attorney for health care, or surrogate decision maker.
(b-5) As used in this Section:
"POLST" means practitioner orders for life-sustaining treatments.
"POLST portable medical orders form" means a medical orders form, including, but not limited to, a Medical Orders for Scope of Treatment (MOST), Medical Orders for Life Sustaining Treatment (MOLST), Physician Orders for Scope of Treatment (POST), or Physician Orders for Life Sustaining Treatment (POLST) form, that is formally authorized by a state or territory within the United States.
(c) Nothing in this Section shall be construed to affect the ability of an individual to include instructions in an advance directive, such as a power of attorney for health care. The uniform form may, but need not, be in the form adopted by the
Department
of
Public Health pursuant to Section 2310-600 of the Department of Public Health
Powers and
Duties Law (20 ILCS 2310/2310-600).
Except as otherwise provided by law, emergency medical service personnel, a health care provider, or a health care facility shall comply with a Department of Public Health Uniform POLST form, National POLST form, another state's POLST portable medical orders form, or an out-of-hospital Do Not Resuscitate (DNR) order sanctioned by a state in the United States that: (i) has been executed by an adult; and (ii) is apparent and immediately available.
(d) A health care professional or health care provider may presume, in the
absence
of knowledge to the contrary, that a completed Department of Public Health
Uniform POLST form, National POLST form, another state's POLST portable medical orders form, or an out-of-hospital Do Not Resuscitate (DNR) order sanctioned by a state in the United States executed by an adult,

or a copy of that form or a previous version of the uniform form, is valid.  A health care professional or
health
care provider, or an employee of a health care professional or health care
provider, who in
good faith complies
with a cardiopulmonary resuscitation (CPR) or life-sustaining treatment order, Department of Public Health Uniform POLST form, or a previous version of the uniform form made in accordance with this Act is not,
as a result of that compliance, subject to any criminal or civil liability,
except for willful and wanton misconduct, and
may not be found to have committed an act of unprofessional conduct.
(d-5) Before voiding or revoking a Department of Public
Health Uniform POLST form, National POLST form, or another
state's POLST portable medical orders form executed by the individual, that individual's legally authorized
surrogate decision maker shall first: (1) engage in
consultation with a qualified health care practitioner; (2)
consult the patient's advance directive, if available; and (3)
make a good faith effort to act consistently, at all times,
with the patient's known wishes, using substituted judgment as
the standard. If the patient's wishes are unknown and remain
unknown after reasonable efforts to discern them, the decision
shall be made on the basis of the patient's best interests as
determined by the surrogate decision maker. A qualified
health care practitioner shall document the reasons for this
action in the patient's medical record. This process does not apply to an individual wanting to revoke his or her own POLST form.
(e) Nothing in this Section or this amendatory Act of the 94th General Assembly or this amendatory Act of the 98th General Assembly shall be construed to affect the ability of a physician or other practitioner to make a do-not-resuscitate order.
(Source: P.A. 102-140, eff. 1-1-22.)
(755 ILCS 40/70)
Sec. 70. Format. The affidavit, medical record, documents, and forms referred to in this Act may be in hard copy or electronic format.  Nothing in this Act is intended to prevent the population of an affidavit, medical record, document, or form with electronic data.  A living will, mental health treatment preferences declaration, practitioner orders for life-sustaining treatment (POLST), or power of attorney for health care that is populated with electronic data is operative. 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 for author validation of the documentation, content accuracy, and completeness meets this standard.
(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21.)