Il health care surrogate act qualifying conditions

Public Act 0492 96TH GENERAL ASSEMBLY
  Public Act 096-0492   SB2258 Enrolled  LRB096 04251 AJO 14297 b  
 
  AN ACT concerning civil law.  Be it enacted by the People of the State of Illinois, represented in the General Assembly:  Section 5. The Health Care Surrogate Act is amended by changing Sections 15 and 25 as follows:  (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, or a power of attorney 
for health care, in the patient's medical records for the 
duration of the patient's stay. 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. 90-246, eff. 1-1-98.) 
 (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. 
 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. 92-364, eff. 8-15-01.) 
 Section 99. Effective date. This Act takes effect upon 
becoming law.