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: 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: 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.

Statutes affected:
Introduced: 755 ILCS 40/15, 755 ILCS 40/65, 20 ILCS 2310/2310
Engrossed: 755 ILCS 35/3, 755 ILCS 35/9
Enrolled: 755 ILCS 35/3, 755 ILCS 35/9