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Rep. Robyn Gabel
Filed: 5/23/2025
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| 1 | | AMENDMENT TO SENATE BILL 1950
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1950 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title; references to Act. |
| 5 | | (a) Short Title. This Act may be cited as the End-of-Life |
| 6 | | Options for Terminally Ill Patients Act. |
| 7 | | (b) References to Act. This Act may be referred to as Deb's |
| 8 | | Law.
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| 9 | | Section 5. Findings and intent. |
| 10 | | (a) The General Assembly finds that: |
| 11 | | (1) Medical aid in dying is part of general medical |
| 12 | | care and complements other end-of-life options, such as |
| 13 | | comfort care, pain control, palliative care, and hospice |
| 14 | | care, for individuals to have an end-of-life experience |
| 15 | | aligned with their beliefs and values. |
| 16 | | (2) The availability of medical aid in dying provides |
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| 1 | | an additional end-of-life care option for terminally ill |
| 2 | | individuals who seek to retain their autonomy and some |
| 3 | | level of control over the progression of the disease as |
| 4 | | they near the end of life or to ease unnecessary pain and |
| 5 | | suffering. |
| 6 | | (3) Illinoisans facing a terminal diagnosis have been |
| 7 | | at the forefront of statewide efforts to provide the full |
| 8 | | range of end-of-life care options available in 10 states |
| 9 | | and the District of Columbia, to qualified mentally |
| 10 | | capable terminal adults residing in Illinois through the |
| 11 | | addition of medical aid-in-dying care as an end-of-life |
| 12 | | option in their home state. Advocates include: |
| 13 | | (A) Deb Robertson, a lifelong Illinois resident |
| 14 | | who has been living with a rare form of her terminal |
| 15 | | illness, who wants to live but knows that she is going |
| 16 | | to die, and who has been actively engaged in advocacy |
| 17 | | to change Illinois law because she doesn't want to |
| 18 | | move to another state in order to access the |
| 19 | | end-of-life medical care that would bring her comfort |
| 20 | | and reduce her fear related to the pain of dying. |
| 21 | | (B) Andrew Flack, who could not move back to |
| 22 | | Illinois to be with his family after his terminal |
| 23 | | diagnosis and instead had to live hundreds of miles |
| 24 | | away from his family, in a state that offered medical |
| 25 | | aid-in-dying care, in order to have a painless death |
| 26 | | surrounded by his loved ones. |
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| 1 | | (C) Miguel Carrasquillo, who despite enduring |
| 2 | | excruciatingly painful treatments to cure his cancer, |
| 3 | | which spread to his liver, stomach, testicles, and |
| 4 | | other organs, continued to advocate for a change in |
| 5 | | the law until his death, so other Illinoisans with a |
| 6 | | terminal diagnosis would not be forced to suffer at |
| 7 | | the end of their lives and die in pain as he did but |
| 8 | | would instead have the option of medical aid-in-dying |
| 9 | | care. |
| 10 | | (4) Illinoisans throughout the State, across |
| 11 | | demographics, including religion, political affiliation, |
| 12 | | race, gender, disability, and age, also support the |
| 13 | | inclusion of medical aid-in-dying care in the options |
| 14 | | available for end-of-life care. Supporters and advocates |
| 15 | | recognize that mentally capable adult individuals have a |
| 16 | | fundamental right to determine their own medical treatment |
| 17 | | options in accordance with their own values, beliefs, or |
| 18 | | personal preferences, and having the option of medical aid |
| 19 | | in dying is an expression of this fundamental right. This |
| 20 | | includes advocates, like Lowell Sachnoff, who, alongside |
| 21 | | his wife Fay Clayton, was a tireless advocate for the |
| 22 | | expansion of end-of-life options for terminally ill adults |
| 23 | | over the course of a decade, up to and including the day he |
| 24 | | died. |
| 25 | | (b) It is the intent of the General Assembly to uphold both |
| 26 | | the highest standard of medical care and the full range of |
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| 1 | | options for each individual, particularly at the end of life.
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| 2 | | Section 10. Definitions. As used in this Act: |
| 3 | | "Adult" means an individual 18 years of age or older. |
| 4 | | "Advanced practice registered nurse" means an advanced |
| 5 | | practice registered nurse licensed under the Nurse Practice |
| 6 | | Act who is certified as a psychiatric mental health |
| 7 | | practitioner. |
| 8 | | "Aid in dying" means an end-of-life care option that |
| 9 | | allows a qualified patient to obtain a prescription for |
| 10 | | medication pursuant to this Act. |
| 11 | | "Attending physician" means the physician who has primary |
| 12 | | responsibility for the care of the patient and treatment of |
| 13 | | the patient's terminal disease. |
| 14 | | "Clinical psychologist" means a psychologist licensed |
| 15 | | under the Clinical Psychologist Licensing Act. |
| 16 | | "Clinical social worker" means a person licensed under the |
| 17 | | Clinical Social Work and Social Work Practice Act. |
| 18 | | "Coercion or undue influence" means the willful attempt, |
| 19 | | whether by deception, intimidation, or any other means to: |
| 20 | | (1) cause a patient to request, obtain, or |
| 21 | | self-administer medication pursuant to this Act with |
| 22 | | intent to cause the death of the patient; or |
| 23 | | (2) prevent a qualified patient, in a manner that |
| 24 | | conflicts with the Health Care Right of Conscience Act, |
| 25 | | from obtaining or self-administering medication pursuant |
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| 1 | | to this Act. |
| 2 | | "Consulting physician" means a physician who is qualified |
| 3 | | by specialty or experience to make a professional diagnosis |
| 4 | | and prognosis regarding the patient's disease. |
| 5 | | "Department" means the Department of Public Health. |
| 6 | | "Health care entity" means a hospital or hospital |
| 7 | | affiliate, nursing home, hospice or any other facility |
| 8 | | licensed under any of the following Acts: the Ambulatory |
| 9 | | Surgical Treatment Center Act; the Home Health, Home Services, |
| 10 | | and Home Nursing Agency Licensing Act; the Hospice Program |
| 11 | | Licensing Act; the Hospital Licensing Act; the Nursing Home |
| 12 | | Care Act; or the University of Illinois Hospital Act. "Health |
| 13 | | care entity" does not include a physician. |
| 14 | | "Health care professional" means a physician, pharmacist, |
| 15 | | or licensed mental health professional. |
| 16 | | "Informed decision" means a decision by a patient with |
| 17 | | mental capacity and a terminal disease to request and obtain a |
| 18 | | prescription for medication pursuant to this Act, that the |
| 19 | | qualified patient may self-administer to bring about a |
| 20 | | peaceful death, after being fully informed by the attending |
| 21 | | physician and consulting physician of: |
| 22 | | (1) the patient's diagnosis and prognosis; |
| 23 | | (2) the potential risks and benefits associated with |
| 24 | | taking the medication to be prescribed; |
| 25 | | (3) the probable result of taking the medication to be |
| 26 | | prescribed; |
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| 1 | | (4) the feasible end-of-life care and treatment |
| 2 | | options for the patient's terminal disease, including, but |
| 3 | | not limited to, comfort care, palliative care, hospice |
| 4 | | care, and pain control, and the risks and benefits of |
| 5 | | each; |
| 6 | | (5) the patient's right to withdraw a request pursuant |
| 7 | | this Act, or consent for any other treatment, at any time; |
| 8 | | and |
| 9 | | (6) the patient's right to choose not to obtain the |
| 10 | | drug or to choose to obtain the drug but not to ingest it. |
| 11 | | "Licensed mental health care professional" means a |
| 12 | | psychiatrist, clinical psychologist, clinical social worker, |
| 13 | | or advanced practice registered nurse. |
| 14 | | "Mental capacity" means that, in the opinion of the |
| 15 | | attending physician or the consulting physician or, if the |
| 16 | | opinion of a licensed mental health care professional is |
| 17 | | required under Section 45, the licensed mental health care |
| 18 | | professional, the patient requesting medication pursuant to |
| 19 | | this Act has the ability to make and communicate an informed |
| 20 | | decision. |
| 21 | | "Oral request" means an affirmative statement that |
| 22 | | demonstrates a contemporaneous affirmatively stated desire by |
| 23 | | the patient seeking aid in dying. |
| 24 | | "Pharmacist" means an individual licensed to engage in the |
| 25 | | practice of pharmacy under the Pharmacy Practice Act. |
| 26 | | "Physician" means a person licensed to practice medicine |
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| 1 | | in all of its branches under the Medical Practice Act of 1987. |
| 2 | | "Psychiatrist" means a physician who has successfully |
| 3 | | completed a residency program in psychiatry accredited by |
| 4 | | either the Accreditation Council for Graduate Medical |
| 5 | | Education or the American Osteopathic Association. |
| 6 | | "Qualified patient" means an adult Illinois resident with |
| 7 | | the mental capacity to make medical decisions who has |
| 8 | | satisfied the requirements of this Act in order to obtain a |
| 9 | | prescription for medication to bring about a peaceful death. |
| 10 | | No person will be considered a "qualified patient" under this |
| 11 | | Act solely because of advanced age, disability, or a mental |
| 12 | | health condition, including depression. |
| 13 | | "Self-administer" means an affirmative, conscious, |
| 14 | | voluntary action, performed by a qualified patient, to ingest |
| 15 | | medication prescribed pursuant to this Act to bring about the |
| 16 | | patient's peaceful death. "Self-administer" does not include |
| 17 | | administration by parenteral injection or infusion. |
| 18 | | "Terminal disease" means an incurable and irreversible |
| 19 | | disease that will, within reasonable medical judgment, result |
| 20 | | in death within 6 months. The existence of a terminal disease, |
| 21 | | as determined after in-person examination by the patient's |
| 22 | | physician and concurrence by another physician, shall be |
| 23 | | documented in writing in the patient's medical record. A |
| 24 | | diagnosis of a major depressive disorder, as defined in the |
| 25 | | current edition of the Diagnostic and Statistical Manual of |
| 26 | | Mental Disorders, alone does not qualify as a terminal |
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| 1 | | disease.
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| 2 | | Section 15. Informed consent. |
| 3 | | (a) Nothing in this Act may be construed to limit the |
| 4 | | amount of information provided to a patient to ensure the |
| 5 | | patient can make a fully informed health care decision. |
| 6 | | (b) An attending physician must provide sufficient |
| 7 | | information to a patient regarding all appropriate end-of-life |
| 8 | | care options, including comfort care, hospice care, palliative |
| 9 | | care, and pain control, as well as the foreseeable risks and |
| 10 | | benefits of each, so that the patient can make a voluntary and |
| 11 | | affirmative decision regarding the patient's end-of-life care. |
| 12 | | (c) If a patient makes a request for the patient's medical |
| 13 | | records to be transmitted to an alternative physician, the |
| 14 | | patient's medical records shall be transmitted without undue |
| 15 | | delay.
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| 16 | | Section 20. Standard of care. Nothing contained in this |
| 17 | | Act shall be interpreted to lower the applicable standard of |
| 18 | | care for the health care professionals participating under |
| 19 | | this Act.
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| 20 | | Section 25. Qualification. |
| 21 | | (a) A qualified patient with a terminal disease may |
| 22 | | request a prescription for medication under this Act in the |
| 23 | | following manner: |
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| 1 | | (1) The qualified patient may orally request a |
| 2 | | prescription for medication under this Act from the |
| 3 | | patient's attending physician. |
| 4 | | (2) The oral request from the qualified patient shall |
| 5 | | be documented by the attending physician. |
| 6 | | (3) The qualified patient shall provide a written |
| 7 | | request in accordance with this Act to the patient's |
| 8 | | attending physician after making the initial oral request. |
| 9 | | (4) The qualified patient shall repeat the oral |
| 10 | | request to the patient's attending physician no less than |
| 11 | | 5 days after making the initial oral request. |
| 12 | | (b) The attending and consulting physicians of a qualified |
| 13 | | patient shall have met all the requirements of Sections 35 and |
| 14 | | 40. |
| 15 | | (c) Notwithstanding subsection (a), if the individual's |
| 16 | | attending physician has medically determined that the |
| 17 | | individual will, within reasonable medical judgment, die |
| 18 | | within 5 days after making the initial oral request under this |
| 19 | | Section, the individual may satisfy the requirements of this |
| 20 | | Section by providing a written request and reiterating the |
| 21 | | oral request to the attending physician at any time after |
| 22 | | making the initial oral request. |
| 23 | | (d) At the time the patient makes the second oral request, |
| 24 | | the attending physician shall offer the patient an opportunity |
| 25 | | to rescind the request. |
| 26 | | (e) Oral and written requests for aid in dying may be made |
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| 1 | | only by the patient and shall not be made by the patient's |
| 2 | | surrogate decision-maker, health care proxy, health care |
| 3 | | agent, attorney-in-fact for health care, guardian, nor via |
| 4 | | advance health care directive. |
| 5 | | (f) If a requesting patient decides to transfer care to an |
| 6 | | alternative physician, the records custodian shall, upon |
| 7 | | written request, transmit, without undue delay, the patient's |
| 8 | | medical records, including written documentation of the dates |
| 9 | | of the patient's requests concerning aid in dying. |
| 10 | | (g) A transfer of care or medical records does not toll or |
| 11 | | restart any waiting period.
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| 12 | | Section 30. Form of written request. |
| 13 | | (a) A written request for medication under this Act shall |
| 14 | | be in substantially the form under subsection (e), signed and |
| 15 | | dated by the requesting patient, and witnessed in the presence |
| 16 | | of the patient by at least 2 witnesses who attest that to the |
| 17 | | best of their knowledge and belief the patient has mental |
| 18 | | capacity, is acting voluntarily, and is not being coerced or |
| 19 | | unduly influenced to sign the request. |
| 20 | | (b) One of the witnesses required under this Section must |
| 21 | | be a person who is not: |
| 22 | | (1) a relative of the patient by blood, marriage, |
| 23 | | civil union, registered domestic partnership, or adoption; |
| 24 | | (2) a person who, at the time the request is signed, |
| 25 | | would be entitled to any portion of the estate of the |
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| 1 | | qualified patient upon death, under any will or by |
| 2 | | operation of law; or |
| 3 | | (3) an owner, operator, or employee of a health care |
| 4 | | entity where the qualified patient is receiving medical |
| 5 | | treatment or is a resident. |
| 6 | | (c) The patient's attending physician at the time the |
| 7 | | request is signed shall not be a witness. |
| 8 | | (d) If a person uses an interpreter, the interpreter shall |
| 9 | | not be a witness. |
| 10 | | (e) The written request for medication under this Act |
| 11 | | shall be substantially as follows:
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| 12 | | "Request for Medication to End My Life in a Peaceful Manner
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| 13 | | I, ............... (NAME OF PATIENT), am an adult of sound |
| 14 | | mind, and a resident of Illinois. I have been diagnosed with |
| 15 | | ............... (NAME OF CONDITION) and given a terminal |
| 16 | | disease prognosis of 6 months or less to live by my attending |
| 17 | | physician. |
| 18 | | I affirm that my terminal disease diagnosis was given or |
| 19 | | confirmed during at least one in-person visit to a health care |
| 20 | | professional. |
| 21 | | I have been fully informed of the feasible alternatives |
| 22 | | and concurrent or additional treatment opportunities for my |
| 23 | | terminal disease, including, but not limited to, comfort care, |
| 24 | | palliative care, hospice care, or pain control, as well as the |
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| 1 | | potential risks and benefits of each. I have been offered, |
| 2 | | have received, or have been offered and received resources or |
| 3 | | referrals to pursue these alternatives and concurrent or |
| 4 | | additional treatment opportunities for my terminal disease. |
| 5 | | I have been fully informed of the nature of the medication |
| 6 | | to be prescribed, including the risks and benefits, and I |
| 7 | | understand that the likely outcome of self-administering the |
| 8 | | medication is death. |
| 9 | | I understand that I can rescind this request at any time, |
| 10 | | that I am under no obligation to fill the prescription once |
| 11 | | written, and that I have no duty to self-administer the |
| 12 | | medication if I obtain it. |
| 13 | | I request that my attending physician furnish a |
| 14 | | prescription for medication that will end my life if I choose |
| 15 | | to self-administer it, and I authorize my attending physician |
| 16 | | to transmit the prescription to a pharmacist to dispense the |
| 17 | | medication at a time of my choosing. |
| 18 | | I make this request voluntarily, free from coercion or |
| 19 | | undue influence. |
| 20 | | Dated: ................ |
| 21 | | Signed.............................................. |
| 22 | | (patient) |
| 23 | | Dated: ................ |
| 24 | | Signed........................................... |
| 25 | | (witness #1) |
| 26 | | Dated: ................ |
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| 1 | | Signed.......................................... |
| 2 | | (witness #2)"
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| 3 | | (f) The interpreter attachment for a written request for |
| 4 | | medication under this Act shall be substantially as follows:
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| 5 | | "Request for Medication to End My Life in a Peaceful Manner |
| 6 | | Interpreter Attachment
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| 7 | | I, ............... (NAME OF INTERPRETER), am fluent in |
| 8 | | English and ............... (LANGUAGE OF PATIENT, INCLUDING |
| 9 | | SIGN LANGUAGE). |
| 10 | | On ....... (DATE) at approximately ....... (TIME), I read |
| 11 | | the "Request for Medication to End My Life in a Peaceful |
| 12 | | Manner" form to ............... (NAME OF PATIENT) in |
| 13 | | ............... (LANGUAGE OF PATIENT, INCLUDING SIGN |
| 14 | | LANGUAGE). |
| 15 | | ............... (NAME OF PATIENT) affirmed to me that they |
| 16 | | understand the content of this form, that they desire to sign |
| 17 | | this form under their own power and volition, and that they |
| 18 | | requested to sign the form after consultations with an |
| 19 | | attending physician. |
| 20 | | Under penalty of perjury, I declare that I am fluent in |
| 21 | | English and ............... (LANGUAGE OF PATIENT, INCLUDING |
| 22 | | SIGN LANGUAGE) and that the contents of this form, to the best |
| 23 | | of my knowledge, are true and correct. Executed at |
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| 1 | | .................................. (NAME OF CITY, COUNTY, AND |
| 2 | | STATE) on ....... (DATE). |
| 3 | | Interpreter's signature: .................................... |
| 4 | | Interpreter's printed name: ................................. |
| 5 | | Interpreter's address: ......................................".
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| 6 | | Section 35. Attending physician responsibilities. |
| 7 | | (a) Following the request of a patient for aid in dying, |
| 8 | | the attending physician shall conduct an evaluation of the |
| 9 | | patient and: |
| 10 | | (1) determine whether the patient has a terminal |
| 11 | | disease or has been diagnosed as having a terminal |
| 12 | | disease; |
| 13 | | (2) determine whether a patient has mental capacity; |
| 14 | | (3) confirm that the patient's request does not arise |
| 15 | | from coercion or undue influence; |
| 16 | | (4) inform the patient of: |
| 17 | | (A) the diagnosis; |
| 18 | | (B) the prognosis; |
| 19 | | (C) the potential risks, benefits, and probable |
| 20 | | result of self-administering the prescribed medication |
| 21 | | to bring about a peaceful death; |
| 22 | | (D) the potential benefits and risks of feasible |
| 23 | | alternatives, including, but not limited to, |
| 24 | | concurrent or additional treatment options for the |
| 25 | | patient's terminal disease, comfort care, palliative |
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| 1 | | care, hospice care, and pain control; and |
| 2 | | (E) the patient's right to rescind the request for |
| 3 | | medication pursuant to this Act at any time; |
| 4 | | (5) inform the patient that there is no obligation to |
| 5 | | fill the prescription nor an obligation to self-administer |
| 6 | | the medication, if it is obtained; |
| 7 | | (6) provide the patient with a referral for comfort |
| 8 | | care, palliative care, hospice care, pain control, or |
| 9 | | other end-of-life treatment options as requested by the |
| 10 | | patient and as clinically indicated; |
| 11 | | (7) refer the patient to a consulting physician for |
| 12 | | medical confirmation that the patient requesting |
| 13 | | medication pursuant to this Act: |
| 14 | | (A) has a terminal disease with a prognosis of 6 |
| 15 | | months or less to live; and |
| 16 | | (B) has mental capacity. |
| 17 | | (8) include the consulting physician's written |
| 18 | | determination in the patient's medical record; |
| 19 | | (9) refer the patient to a licensed mental health |
| 20 | | professional in accordance with Section 45 if the |
| 21 | | attending physician observes signs that the individual may |
| 22 | | not be capable of making an informed decision; |
| 23 | | (10) include the licensed mental health professional's |
| 24 | | written determination in the patient's medical record, if |
| 25 | | such determination was requested; |
| 26 | | (11) inform the patient of the benefits of notifying |
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| 1 | | the next of kin of the patient's decision to request |
| 2 | | medication pursuant to this Act; |
| 3 | | (12) fulfill the medical record documentation |
| 4 | | requirements; |
| 5 | | (13) ensure that all steps are carried out in |
| 6 | | accordance with this Act before providing a prescription |
| 7 | | to a qualified patient for medication pursuant to this Act |
| 8 | | including: |
| 9 | | (A) confirming that the patient has made an |
| 10 | | informed decision to obtain a prescription for |
| 11 | | medication; |
| 12 | | (B) offering the patient an opportunity to rescind |
| 13 | | the request for medication; and |
| 14 | | (C) providing information to the patient on: |
| 15 | | (i) the recommended procedure for |
| 16 | | self-administering the medication to be |
| 17 | | prescribed; |
| 18 | | (ii) the safekeeping and proper disposal of |
| 19 | | unused medication in accordance with State and |
| 20 | | federal law; |
| 21 | | (iii) the importance of having another person |
| 22 | | present when the patient self-administers the |
| 23 | | medication to be prescribed; and |
| 24 | | (iv) not taking the aid-in-dying medication in |
| 25 | | a public place; |
| 26 | | (14) deliver, in accordance with State and federal |
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| 1 | | law, the prescription personally, by mail, or through an |
| 2 | | authorized electronic transmission to a licensed |
| 3 | | pharmacist who will dispense the medication, including any |
| 4 | | ancillary medications, to the qualified patient, or to a |
| 5 | | person expressly designated by the qualified patient in |
| 6 | | person or with a signature required on delivery, by mail |
| 7 | | service, or by messenger service; |
| 8 | | (15) if authorized by the Drug Enforcement |
| 9 | | Administration, dispense the prescribed medication, |
| 10 | | including any ancillary medications, to the qualified |
| 11 | | patient or a person designated by the qualified patient; |
| 12 | | and |
| 13 | | (16) include, in the qualified patient's medical |
| 14 | | record, the patient's diagnosis and prognosis, |
| 15 | | determination of mental capacity, the date of each oral |
| 16 | | request, a copy of the written request, a notation that |
| 17 | | the requirements under this Section have been completed, |
| 18 | | and an identification of the medication and ancillary |
| 19 | | medications prescribed to the qualified patient pursuant |
| 20 | | to this Act. |
| 21 | | (b) Notwithstanding any other provision of law, the |
| 22 | | attending physician may sign the patient's death certificate.
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| 23 | | Section 40. Consulting physician responsibilities. A |
| 24 | | consulting physician shall: |
| 25 | | (1) conduct an evaluation of the patient and review |
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| 1 | | the patient's relevant medical records, including the |
| 2 | | evaluation pursuant to Section 45, if such evaluation was |
| 3 | | necessary; |
| 4 | | (2) confirm in writing to the attending physician that |
| 5 | | the patient: |
| 6 | | (A) has requested a prescription for aid-in-dying |
| 7 | | medication; |
| 8 | | (B) has a documented terminal disease; |
| 9 | | (C) has mental capacity or has provided |
| 10 | | documentation that the consulting health care |
| 11 | | professional has referred the individual for further |
| 12 | | evaluation in accordance with Section 45; and |
| 13 | | (D) is acting voluntarily, free from coercion or |
| 14 | | undue influence.
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| 15 | | Section 45. Referral for determination that the requesting |
| 16 | | patient has mental capacity. |
| 17 | | (a) If either the attending physician or the consulting |
| 18 | | physician has doubts whether the individual has mental |
| 19 | | capacity and if either one is unable to confirm that the |
| 20 | | individual is capable of making an informed decision, the |
| 21 | | attending physician or consulting physician shall refer the |
| 22 | | patient to a licensed mental health professional for |
| 23 | | determination regarding mental capability. |
| 24 | | (b) The licensed mental health professional shall |
| 25 | | additionally determine whether the patient is suffering from a |
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| 1 | | psychiatric or psychological disorder causing impaired |
| 2 | | judgment. |
| 3 | | (c) The licensed mental health professional who evaluates |
| 4 | | the patient under this Section shall submit to the requesting |
| 5 | | attending or consulting physician a written determination of |
| 6 | | whether the patient has mental capacity. |
| 7 | | (d) If the licensed mental health professional determines |
| 8 | | that the patient does not have mental capacity, or is |
| 9 | | suffering from a psychiatric or psychological disorder causing |
| 10 | | impaired judgment, the patient shall not be deemed a qualified |
| 11 | | patient and the attending physician shall not prescribe |
| 12 | | medication to the patient under this Act.
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| 13 | | Section 50. Residency requirement. |
| 14 | | (a) Only requests made by Illinois residents may be |
| 15 | | granted under this Act. |
| 16 | | (b) A patient is able to establish residency through any |
| 17 | | one or more of the following means: |
| 18 | | (1) possession of a driver's license or other |
| 19 | | identification issued by the Secretary of State or State |
| 20 | | of Illinois; |
| 21 | | (2) registration to vote in Illinois; |
| 22 | | (3) evidence that the person owns, rents, or leases |
| 23 | | property in Illinois; |
| 24 | | (4) the location of any dwelling occupied by the |
| 25 | | person; |
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| 1 | | (5) the place where any motor vehicle owned by the |
| 2 | | person is registered; |
| 3 | | (6) the residence address, not a post office box, |
| 4 | | shown on an income tax return filed for the year preceding |
| 5 | | the year in which the person initially makes an oral |
| 6 | | request under this Act; |
| 7 | | (7) the residence address, not a post office box, at |
| 8 | | which the person's mail is received; |
| 9 | | (8) the residence address, not a post office box, |
| 10 | | shown on any unexpired resident hunting or fishing or |
| 11 | | other licenses held by the person; |
| 12 | | (9) the receipt of any public benefit conditioned upon |
| 13 | | residency; or |
| 14 | | (10) any other objective facts tending to indicate a |
| 15 | | person's place of residence is in Illinois.
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| 16 | | Section 55. Safe disposal of unused medications. A person |
| 17 | | who has custody or control of medication prescribed pursuant |
| 18 | | to this Act after the qualified patient's death shall dispose |
| 19 | | of the medication by delivering it to the nearest qualified |
| 20 | | facility that properly disposes of controlled substances or, |
| 21 | | if none is available, by lawful means in accordance with |
| 22 | | applicable State and federal guidelines.
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| 23 | | Section 60. Health care professional protections; no duty |
| 24 | | to provide aid in dying. |
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| 1 | | (a) A health care professional shall not be under any |
| 2 | | duty, by law or contract, to participate in the provision of |
| 3 | | aid-in-dying care to a patient as set forth in this Act. |
| 4 | | (b) A health care professional shall not be subject to |
| 5 | | civil or criminal liability for participating or refusing to |
| 6 | | participate in the provision of aid-in-dying care to a patient |
| 7 | | in good faith compliance with this Act. |
| 8 | | (c) Except as set forth in Section 65, a health care entity |
| 9 | | or licensing board shall not subject a health care |
| 10 | | professional to censure, discipline, suspension, loss of |
| 11 | | license, loss of privileges, loss of membership, or other |
| 12 | | penalty for participating or refusing to participate in |
| 13 | | accordance with this Act. |
| 14 | | (d) A health care professional may choose not to engage in |
| 15 | | aid-in-dying care. |
| 16 | | (e) Only willing health care professionals shall provide |
| 17 | | aid-in-dying care in accordance with this Act. If a health |
| 18 | | care professional is unable or unwilling to carry out a |
| 19 | | patient's request under this Act, and the patient transfers |
| 20 | | the patient's care to a new health care professional, the |
| 21 | | prior health care professional shall transmit, upon request, a |
| 22 | | copy of the patient's relevant medical records to the new |
| 23 | | health care professional without undue delay. |
| 24 | | (f) A health care professional shall not engage in false, |
| 25 | | misleading, or deceptive practices relating to a willingness |
| 26 | | to qualify a patient or provide aid-in-dying care. |
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| 1 | | Intentionally misleading a patient constitutes coercion or |
| 2 | | undue influence. |
| 3 | | (g) The provisions of the Health Care Right of Conscience |
| 4 | | Act apply to this Act and are incorporated by reference.
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| 5 | | Section 65. Health care entity protections and permissible |
| 6 | | prohibitions and duties. |
| 7 | | (a) A health care entity shall not be under any duty, by |
| 8 | | law or contract, to participate in the provision of |
| 9 | | aid-in-dying care to a patient as set forth in this Act. |
| 10 | | (b) A health care entity shall not be subject to civil or |
| 11 | | criminal liability for participating or refusing to |
| 12 | | participate in the provision of aid-in-dying care to a patient |
| 13 | | in good faith compliance with this Act. |
| 14 | | (c) A health care entity may prohibit health care |
| 15 | | professionals, staff, employees, or independent contractors, |
| 16 | | from practicing aid-in-dying care while performing duties for |
| 17 | | the entity. A prohibiting entity must provide advance notice |
| 18 | | in writing to health care professionals and staff at the time |
| 19 | | of hiring, contracting with, or privileging and on a yearly |
| 20 | | basis thereafter. Such policies prohibiting aid-in-dying care |
| 21 | | may include provisions for the health care entity to take |
| 22 | | disciplinary action, including, but not limited to, |
| 23 | | termination for those employees, independent contractors, and |
| 24 | | staff who violate the health care entity's policies, |
| 25 | | consistent with existing disciplinary policies. |
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| 1 | | (d) If a patient wishes to transfer care to another health |
| 2 | | care entity, the prohibiting entity shall coordinate a timely |
| 3 | | transfer of care, including transmitting, without undue delay, |
| 4 | | the patient's medical records. |
| 5 | | (e) No health care entity shall prohibit a health care |
| 6 | | professional from: |
| 7 | | (1) providing information to a patient regarding the |
| 8 | | patient's health status, including, but not limited to, |
| 9 | | diagnosis, prognosis, recommended treatment and treatment |
| 10 | | alternatives, and the risks and benefits of each; |
| 11 | | (2) providing information regarding health care |
| 12 | | services available pursuant to this Act, information about |
| 13 | | relevant community resources, and how to access those |
| 14 | | resources for obtaining care of the patient's choice; |
| 15 | | (3) practicing aid-in-dying care outside the scope of |
| 16 | | the health care professional's employment or contract with |
| 17 | | the prohibiting entity and off the premises of the |
| 18 | | prohibiting entity; provided, however, that in such event |
| 19 | | the health care professional shall explicitly tell the |
| 20 | | patient that such health care professional is providing |
| 21 | | such services independently and not as a representative of |
| 22 | | their associated health care entity; or |
| 23 | | (4) being present, if outside the scope of the health |
| 24 | | care professional's employment or contractual duties, when |
| 25 | | a qualified patient self-administers medication prescribed |
| 26 | | pursuant to this Act or at the time of death, if requested |
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| 1 | | by the qualified patient or their representative. |
| 2 | | (f) A health care entity shall not engage in false, |
| 3 | | misleading, or deceptive practices relating to its policy |
| 4 | | around end-of-life care services, including whether it has a |
| 5 | | policy that prohibits affiliated health care professionals |
| 6 | | from practicing aid-in-dying care; or intentionally denying a |
| 7 | | patient access to medication pursuant to this Act by |
| 8 | | intentionally failing to transfer a patient and the patient's |
| 9 | | medical records to another health care professional in a |
| 10 | | timely manner. Intentionally misleading a patient or deploying |
| 11 | | misinformation to obstruct access to services pursuant to this |
| 12 | | Act constitutes coercion or undue influence. |
| 13 | | (g) The provisions of the Health Care Right of Conscience |
| 14 | | Act apply to this Act and are incorporated by reference. |
| 15 | | (h) If any part of this Section is found to be in conflict |
| 16 | | with federal requirements which are a prescribed condition to |
| 17 | | receipt of federal funds, the conflicting part of this Section |
| 18 | | is inoperative solely to the extent of the conflict with |
| 19 | | respect to the entity directly affected, and such finding or |
| 20 | | determination shall not affect the operation of the remainder |
| 21 | | of the Section or this Act.
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| 22 | | Section 70. Immunities for actions in good faith; |
| 23 | | prohibition against reprisals. |
| 24 | | (a) Except as set forth in Section 65, a health care |
| 25 | | professional or health care entity shall not be subject to |
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| 1 | | civil or criminal liability, licensing sanctions, or other |
| 2 | | professional disciplinary action for actions taken in good |
| 3 | | faith compliance with this Act. |
| 4 | | (b) If a health care professional or health care entity is |
| 5 | | unable or unwilling to carry out an individual's request for |
| 6 | | aid in dying, the professional or entity shall, at a minimum: |
| 7 | | (1) inform the individual of the professional's or |
| 8 | | entity's inability or unwillingness; |
| 9 | | (2) refer the individual either to a health care |
| 10 | | professional who is able and willing to evaluate and |
| 11 | | qualify the individual or to another individual or entity |
| 12 | | to assist the requesting individual in seeking aid in |
| 13 | | dying, in accordance with the Health Care Right of |
| 14 | | Conscience Act; and |
| 15 | | (3) note, in the medical record, the individual's date |
| 16 | | of request and health care professional's notice to the |
| 17 | | individual of the health care professional's unwillingness |
| 18 | | or inability to carry out the individual's request. |
| 19 | | (c) Except as set forth in Section 65, a health care entity |
| 20 | | or licensing board shall not subject a health care |
| 21 | | professional to censure, discipline, suspension, loss of |
| 22 | | license, loss of privileges, loss of membership, or other |
| 23 | | penalty for engaging in good faith compliance with this Act. |
| 24 | | (d) Except as set forth in Section 65, a health care |
| 25 | | professional, health care entity, or licensing board shall not |
| 26 | | subject a health care professional to discharge, demotion, |
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| 1 | | censure, discipline, suspension, loss of license, loss of |
| 2 | | privileges, loss of membership, discrimination, or any other |
| 3 | | penalty for providing aid-in-dying care in accordance with the |
| 4 | | standard of care and in good faith under this Act when: |
| 5 | | (1) engaged in the outside practice of medicine and |
| 6 | | off of the objecting health care entity's premises; or |
| 7 | | (2) providing scientific and accurate information |
| 8 | | about aid-in-dying care to a patient when discussing |
| 9 | | end-of-life care options. |
| 10 | | (e) A physician is not subject to civil or criminal |
| 11 | | liability or professional discipline if, at the request of the |
| 12 | | qualified patient, the physician is present outside the scope |
| 13 | | of the physician's employment contract and off the entity's |
| 14 | | premises, when the qualified patient self-administers |
| 15 | | medication pursuant to this Act, or at the time of death. |
| 16 | | (f) A physician who is present at self-administration may, |
| 17 | | without civil or criminal liability, assist the qualified |
| 18 | | patient by preparing the medication prescribed pursuant to |
| 19 | | this Act. |
| 20 | | (g) A request by a patient for aid in dying does not alone |
| 21 | | constitute grounds for neglect or elder abuse for any purpose |
| 22 | | of law, nor shall it be the sole basis for appointment of a |
| 23 | | guardian. |
| 24 | | (h) This Section does not limit civil liability for |
| 25 | | intentional misconduct.
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| 1 | | Section 75. Reporting requirements. |
| 2 | | (a) Within 45 days after the effective date of this Act, |
| 3 | | the Department shall create and post to its website an |
| 4 | | Attending Physician Checklist Form and Attending Physician |
| 5 | | Follow-Up Form to facilitate collection of the information |
| 6 | | described in this Section. Failure to create or post the |
| 7 | | Attending Physician Checklist Form, the Attending Physician |
| 8 | | Follow-Up Form, or both shall not suspend the effective date |
| 9 | | of this Act. |
| 10 | | (b) Within 30 calendar days of providing a prescription |
| 11 | | for medication pursuant to this Act, the attending physician |
| 12 | | shall submit to the Department an Attending Physician |
| 13 | | Checklist Form with the following information: |
| 14 | | (1) the qualifying patient's name and date of birth; |
| 15 | | (2) the qualifying patient's terminal diagnosis and |
| 16 | | prognosis; |
| 17 | | (3) notice that the requirements under this Act were |
| 18 | | completed; and |
| 19 | | (4) notice that medication has been prescribed |
| 20 | | pursuant to this Act. |
| 21 | | (c) Within 60 calendar days of notification of a qualified |
| 22 | | patient's death from self-administration of medication |
| 23 | | prescribed pursuant to this Act, the attending physician shall |
| 24 | | submit to the Department, an Attending Physician Follow-Up |
| 25 | | Form with the following information: |
| 26 | | (1) the qualified patient's name and date of birth; |
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| 1 | | (2) the date of the qualified patient's death; and |
| 2 | | (3) a notation of whether the qualified patient was |
| 3 | | enrolled in hospice services at the time of the qualified |
| 4 | | patient's death. |
| 5 | | (d) The information collected shall be confidential and |
| 6 | | shall be collected in a manner that protects the privacy of the |
| 7 | | patient, the patient's family, and any health care |
| 8 | | professional involved with the patient under the provisions of |
| 9 | | this Act. The information shall be privileged and strictly |
| 10 | | confidential, and shall not be disclosed, discoverable, or |
| 11 | | compelled to be produced in any civil, criminal, |
| 12 | | administrative, or other proceeding. |
| 13 | | (e) One year after the effective date of this Act, and each |
| 14 | | year thereafter, the Department shall create and post on its |
| 15 | | website a public statistical report of nonidentifying |
| 16 | | information. The report shall be limited to: |
| 17 | | (1) the number of prescriptions for medication written |
| 18 | | pursuant to this Act; |
| 19 | | (2) the number of physicians who wrote prescriptions |
| 20 | | for medication pursuant to this Act; |
| 21 | | (3) the number of qualified patients who died |
| 22 | | following self-administration of medication prescribed and |
| 23 | | dispensed pursuant to this Act; and |
| 24 | | (4) the number of people who died due to using an |
| 25 | | aid-in-dying drug, with demographic percentages organized |
| 26 | | by the following characteristics as aggregated and |
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| 1 | | de-identified data sets: |
| 2 | | (A) age at death; |
| 3 | | (B) education level; |
| 4 | | (C) race; |
| 5 | | (D) gender; |
| 6 | | (E) type of insurance, including whether the |
| 7 | | patient had insurance; |
| 8 | | (F) underlying illness; and |
| 9 | | (G) enrollment in hospice. |
| 10 | | (f) Except as otherwise required by law, the information |
| 11 | | collected by the Department is not a public record, is not |
| 12 | | available for public inspection, and is not available through |
| 13 | | the Freedom of Information Act. |
| 14 | | (g) Willful failure or refusal to timely submit records |
| 15 | | required under this Act may result in disciplinary action.
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| 16 | | Section 80. Effect on construction of wills, contracts, |
| 17 | | and statutes. |
| 18 | | (a) No provision in a contract, will, or other agreement, |
| 19 | | whether written or oral, that would determine whether a |
| 20 | | patient may make or rescind a request pursuant to this Act is |
| 21 | | valid. |
| 22 | | (b) No obligation owing under any contract that is in |
| 23 | | effect on the effective date of this Act shall be conditioned |
| 24 | | or affected by a patient's act of making or rescinding a |
| 25 | | request pursuant to this Act. |
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| 1 | | (c) It is unlawful for an insurer to deny or alter health |
| 2 | | care benefits otherwise available to a patient with a terminal |
| 3 | | disease based on the availability of aid-in-dying care or |
| 4 | | otherwise attempt to coerce a patient with a terminal disease |
| 5 | | to make a request for aid-in-dying medication. |
| 6 | | (d) Nothing in this Act prevents an insurer from |
| 7 | | exercising any right to void a policy based on a material |
| 8 | | misrepresentation, as provided under Section 154 of the |
| 9 | | Illinois Insurance Code, in an application for insurance.
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| 10 | | Section 85. Insurance or annuity policies. |
| 11 | | (a) The sale, procurement, or issuance of a life, health, |
| 12 | | or accident insurance policy, annuity policy, or the rate |
| 13 | | charged for a policy shall not be conditioned upon or affected |
| 14 | | by a patient's act of making or rescinding a request for |
| 15 | | medication pursuant to this Act. |
| 16 | | (b) A qualified patient's act of self-administering |
| 17 | | medication pursuant to this Act does not invalidate any part |
| 18 | | of a life, health, or accident insurance, or annuity policy. |
| 19 | | (c) An insurance plan, including medical assistance under |
| 20 | | Article V of the Illinois Public Aid Code, shall not deny or |
| 21 | | alter benefits to a patient with a terminal disease who is a |
| 22 | | covered beneficiary of a health insurance plan, based on the |
| 23 | | availability of aid-in-dying care, their request for |
| 24 | | medication pursuant to this Act, or the absence of a request |
| 25 | | for medication pursuant to this Act. Failure to meet this |
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| 1 | | requirement shall constitute a violation of the Illinois |
| 2 | | Insurance Code. |
| 3 | | (d) The Department of Insurance shall enforce the |
| 4 | | provisions of this Act with respect to any life, health, or |
| 5 | | accident insurance policy or annuity policy pursuant to the |
| 6 | | enforcement powers granted to it by law. A violation of this |
| 7 | | Act by any person or entity under the jurisdiction of the |
| 8 | | Department of Insurance shall be deemed a violation of the |
| 9 | | relevant provisions of the Illinois Insurance Code under which |
| 10 | | the person or entity is authorized to transact business in |
| 11 | | this State. |
| 12 | | (e) For the purposes of this Act, "life, health, or |
| 13 | | accident insurance policy or annuity policy" means any |
| 14 | | insurance under Class 1(a), 1(b), or 2(a) of the Illinois |
| 15 | | Insurance Code, a health care plan under the Health |
| 16 | | Maintenance Organization Act, a limited health care plan under |
| 17 | | the Limited Health Service Organization Act, a dental service |
| 18 | | plan under the Dental Service Plans Act, or a voluntary health |
| 19 | | services plan under the Voluntary Health Services Plan Act.
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| 20 | | Section 90. Death certificate. |
| 21 | | (a) Unless otherwise prohibited by law, the attending |
| 22 | | physician may sign the death certificate of a qualified |
| 23 | | patient who obtained and self-administered a prescription for |
| 24 | | medication pursuant to this Act. |
| 25 | | (b) When a death has occurred in accordance with this Act, |
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| 1 | | the death shall be attributed to the underlying terminal |
| 2 | | disease. |
| 3 | | (1) Death following self-administering medication |
| 4 | | under this Act does not alone constitute grounds for |
| 5 | | postmortem inquiry. |
| 6 | | (2) Death in accordance with this Act shall not be |
| 7 | | designated a suicide or homicide. |
| 8 | | (c) A qualified patient's act of self-administering |
| 9 | | medication prescribed pursuant to this Act shall not be |
| 10 | | indicated on the death certificate.
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| 11 | | Section 95. Liabilities and penalties. |
| 12 | | (a) Nothing in this Act limits civil or criminal liability |
| 13 | | arising from: |
| 14 | | (1) Intentionally or knowingly altering or forging a |
| 15 | | patient's request for medication pursuant to this Act or |
| 16 | | concealing or destroying a rescission of a request for |
| 17 | | medication pursuant to this Act. |
| 18 | | (2) Intentionally or knowingly coercing or exerting |
| 19 | | undue influence on a patient with a terminal disease to |
| 20 | | request medication pursuant to this Act or to request or |
| 21 | | use or not use medication pursuant to this Act. |
| 22 | | (3) Intentional misconduct by a health care |
| 23 | | professional or health care entity. |
| 24 | | (b) The penalties specified in this Act do not preclude |
| 25 | | criminal penalties applicable under other laws for conduct |
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| 1 | | inconsistent with this Act. |
| 2 | | (c) As used in this Section, "intentionally" and |
| 3 | | "knowingly" have the meanings provided in Sections 4-4 and 4-5 |
| 4 | | of the Criminal Code of 2012.
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| 5 | | Section 100. Construction. |
| 6 | | (a) Nothing in this Act authorizes a physician or any |
| 7 | | other person, including the qualified patient, to end the |
| 8 | | qualified patient's life by lethal injection, lethal infusion, |
| 9 | | mercy killing, homicide, murder, manslaughter, euthanasia, or |
| 10 | | any other criminal act. |
| 11 | | (b) Actions taken in accordance with this Act do not, for |
| 12 | | any purposes, constitute suicide, assisted suicide, |
| 13 | | euthanasia, mercy killing, homicide, murder, manslaughter, |
| 14 | | elder abuse or neglect, or any other civil or criminal |
| 15 | | violation under the law.
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| 16 | | Section 105. Rulemaking Authority. The Department of |
| 17 | | Public Health and the Department of Veterans Affairs may adopt |
| 18 | | rules for the implementation and administration of this Act.
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| 19 | | Section 110. Severability. The provisions of this Act are |
| 20 | | severable under Section 1.31 of the Statute on Statutes.
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| 21 | | Section 200. The Freedom of Information Act is amended by |
| 22 | | changing Section 7.5 as follows:
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| 1 | | (5 ILCS 140/7.5) |
| 2 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 3 | | by the statutes referenced below, the following shall be |
| 4 | | exempt from inspection and copying: |
| 5 | | (a) All information determined to be confidential |
| 6 | | under Section 4002 of the Technology Advancement and |
| 7 | | Development Act. |
| 8 | | (b) Library circulation and order records identifying |
| 9 | | library users with specific materials under the Library |
| 10 | | Records Confidentiality Act. |
| 11 | | (c) Applications, related documents, and medical |
| 12 | | records received by the Experimental Organ Transplantation |
| 13 | | Procedures Board and any and all documents or other |
| 14 | | records prepared by the Experimental Organ Transplantation |
| 15 | | Procedures Board or its staff relating to applications it |
| 16 | | has received. |
| 17 | | (d) Information and records held by the Department of |
| 18 | | Public Health and its authorized representatives relating |
| 19 | | to known or suspected cases of sexually transmitted |
| 20 | | infection or any information the disclosure of which is |
| 21 | | restricted under the Illinois Sexually Transmitted |
| 22 | | Infection Control Act. |
| 23 | | (e) Information the disclosure of which is exempted |
| 24 | | under Section 30 of the Radon Industry Licensing Act. |
| 25 | | (f) Firm performance evaluations under Section 55 of |
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| 1 | | the Architectural, Engineering, and Land Surveying |
| 2 | | Qualifications Based Selection Act. |
| 3 | | (g) Information the disclosure of which is restricted |
| 4 | | and exempted under Section 50 of the Illinois Prepaid |
| 5 | | Tuition Act. |
| 6 | | (h) Information the disclosure of which is exempted |
| 7 | | under the State Officials and Employees Ethics Act, and |
| 8 | | records of any lawfully created State or local inspector |
| 9 | | general's office that would be exempt if created or |
| 10 | | obtained by an Executive Inspector General's office under |
| 11 | | that Act. |
| 12 | | (i) Information contained in a local emergency energy |
| 13 | | plan submitted to a municipality in accordance with a |
| 14 | | local emergency energy plan ordinance that is adopted |
| 15 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 16 | | (j) Information and data concerning the distribution |
| 17 | | of surcharge moneys collected and remitted by carriers |
| 18 | | under the Emergency Telephone System Act. |
| 19 | | (k) Law enforcement officer identification information |
| 20 | | or driver identification information compiled by a law |
| 21 | | enforcement agency or the Department of Transportation |
| 22 | | under Section 11-212 of the Illinois Vehicle Code. |
| 23 | | (l) Records and information provided to a residential |
| 24 | | health care facility resident sexual assault and death |
| 25 | | review team or the Executive Council under the Abuse |
| 26 | | Prevention Review Team Act. |
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| 1 | | (m) Information provided to the predatory lending |
| 2 | | database created pursuant to Article 3 of the Residential |
| 3 | | Real Property Disclosure Act, except to the extent |
| 4 | | authorized under that Article. |
| 5 | | (n) Defense budgets and petitions for certification of |
| 6 | | compensation and expenses for court appointed trial |
| 7 | | counsel as provided under Sections 10 and 15 of the |
| 8 | | Capital Crimes Litigation Act (repealed). This subsection |
| 9 | | (n) shall apply until the conclusion of the trial of the |
| 10 | | case, even if the prosecution chooses not to pursue the |
| 11 | | death penalty prior to trial or sentencing. |
| 12 | | (o) Information that is prohibited from being |
| 13 | | disclosed under Section 4 of the Illinois Health and |
| 14 | | Hazardous Substances Registry Act. |
| 15 | | (p) Security portions of system safety program plans, |
| 16 | | investigation reports, surveys, schedules, lists, data, or |
| 17 | | information compiled, collected, or prepared by or for the |
| 18 | | Department of Transportation under Sections 2705-300 and |
| 19 | | 2705-616 of the Department of Transportation Law of the |
| 20 | | Civil Administrative Code of Illinois, the Regional |
| 21 | | Transportation Authority under Section 2.11 of the |
| 22 | | Regional Transportation Authority Act, or the St. Clair |
| 23 | | County Transit District under the Bi-State Transit Safety |
| 24 | | Act (repealed). |
| 25 | | (q) Information prohibited from being disclosed by the |
| 26 | | Personnel Record Review Act. |
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| 1 | | (r) Information prohibited from being disclosed by the |
| 2 | | Illinois School Student Records Act. |
| 3 | | (s) Information the disclosure of which is restricted |
| 4 | | under Section 5-108 of the Public Utilities Act. |
| 5 | | (t) (Blank). |
| 6 | | (u) Records and information provided to an independent |
| 7 | | team of experts under the Developmental Disability and |
| 8 | | Mental Health Safety Act (also known as Brian's Law). |
| 9 | | (v) Names and information of people who have applied |
| 10 | | for or received Firearm Owner's Identification Cards under |
| 11 | | the Firearm Owners Identification Card Act or applied for |
| 12 | | or received a concealed carry license under the Firearm |
| 13 | | Concealed Carry Act, unless otherwise authorized by the |
| 14 | | Firearm Concealed Carry Act; and databases under the |
| 15 | | Firearm Concealed Carry Act, records of the Concealed |
| 16 | | Carry Licensing Review Board under the Firearm Concealed |
| 17 | | Carry Act, and law enforcement agency objections under the |
| 18 | | Firearm Concealed Carry Act. |
| 19 | | (v-5) Records of the Firearm Owner's Identification |
| 20 | | Card Review Board that are exempted from disclosure under |
| 21 | | Section 10 of the Firearm Owners Identification Card Act. |
| 22 | | (w) Personally identifiable information which is |
| 23 | | exempted from disclosure under subsection (g) of Section |
| 24 | | 19.1 of the Toll Highway Act. |
| 25 | | (x) Information which is exempted from disclosure |
| 26 | | under Section 5-1014.3 of the Counties Code or Section |
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| 1 | | 8-11-21 of the Illinois Municipal Code. |
| 2 | | (y) Confidential information under the Adult |
| 3 | | Protective Services Act and its predecessor enabling |
| 4 | | statute, the Elder Abuse and Neglect Act, including |
| 5 | | information about the identity and administrative finding |
| 6 | | against any caregiver of a verified and substantiated |
| 7 | | decision of abuse, neglect, or financial exploitation of |
| 8 | | an eligible adult maintained in the Registry established |
| 9 | | under Section 7.5 of the Adult Protective Services Act. |
| 10 | | (z) Records and information provided to a fatality |
| 11 | | review team or the Illinois Fatality Review Team Advisory |
| 12 | | Council under Section 15 of the Adult Protective Services |
| 13 | | Act. |
| 14 | | (aa) Information which is exempted from disclosure |
| 15 | | under Section 2.37 of the Wildlife Code. |
| 16 | | (bb) Information which is or was prohibited from |
| 17 | | disclosure by the Juvenile Court Act of 1987. |
| 18 | | (cc) Recordings made under the Law Enforcement |
| 19 | | Officer-Worn Body Camera Act, except to the extent |
| 20 | | authorized under that Act. |
| 21 | | (dd) Information that is prohibited from being |
| 22 | | disclosed under Section 45 of the Condominium and Common |
| 23 | | Interest Community Ombudsperson Act. |
| 24 | | (ee) Information that is exempted from disclosure |
| 25 | | under Section 30.1 of the Pharmacy Practice Act. |
| 26 | | (ff) Information that is exempted from disclosure |
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| 1 | | under the Revised Uniform Unclaimed Property Act. |
| 2 | | (gg) Information that is prohibited from being |
| 3 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 4 | | Code. |
| 5 | | (hh) Records that are exempt from disclosure under |
| 6 | | Section 1A-16.7 of the Election Code. |
| 7 | | (ii) Information which is exempted from disclosure |
| 8 | | under Section 2505-800 of the Department of Revenue Law of |
| 9 | | the Civil Administrative Code of Illinois. |
| 10 | | (jj) Information and reports that are required to be |
| 11 | | submitted to the Department of Labor by registering day |
| 12 | | and temporary labor service agencies but are exempt from |
| 13 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 14 | | and Temporary Labor Services Act. |
| 15 | | (kk) Information prohibited from disclosure under the |
| 16 | | Seizure and Forfeiture Reporting Act. |
| 17 | | (ll) Information the disclosure of which is restricted |
| 18 | | and exempted under Section 5-30.8 of the Illinois Public |
| 19 | | Aid Code. |
| 20 | | (mm) Records that are exempt from disclosure under |
| 21 | | Section 4.2 of the Crime Victims Compensation Act. |
| 22 | | (nn) Information that is exempt from disclosure under |
| 23 | | Section 70 of the Higher Education Student Assistance Act. |
| 24 | | (oo) Communications, notes, records, and reports |
| 25 | | arising out of a peer support counseling session |
| 26 | | prohibited from disclosure under the First Responders |
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| 1 | | Suicide Prevention Act. |
| 2 | | (pp) Names and all identifying information relating to |
| 3 | | an employee of an emergency services provider or law |
| 4 | | enforcement agency under the First Responders Suicide |
| 5 | | Prevention Act. |
| 6 | | (qq) Information and records held by the Department of |
| 7 | | Public Health and its authorized representatives collected |
| 8 | | under the Reproductive Health Act. |
| 9 | | (rr) Information that is exempt from disclosure under |
| 10 | | the Cannabis Regulation and Tax Act. |
| 11 | | (ss) Data reported by an employer to the Department of |
| 12 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 13 | | Human Rights Act. |
| 14 | | (tt) Recordings made under the Children's Advocacy |
| 15 | | Center Act, except to the extent authorized under that |
| 16 | | Act. |
| 17 | | (uu) Information that is exempt from disclosure under |
| 18 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 19 | | (vv) Information that is exempt from disclosure under |
| 20 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 21 | | Public Aid Code. |
| 22 | | (ww) Information that is exempt from disclosure under |
| 23 | | Section 16.8 of the State Treasurer Act. |
| 24 | | (xx) Information that is exempt from disclosure or |
| 25 | | information that shall not be made public under the |
| 26 | | Illinois Insurance Code. |
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| 1 | | (yy) Information prohibited from being disclosed under |
| 2 | | the Illinois Educational Labor Relations Act. |
| 3 | | (zz) Information prohibited from being disclosed under |
| 4 | | the Illinois Public Labor Relations Act. |
| 5 | | (aaa) Information prohibited from being disclosed |
| 6 | | under Section 1-167 of the Illinois Pension Code. |
| 7 | | (bbb) Information that is prohibited from disclosure |
| 8 | | by the Illinois Police Training Act and the Illinois State |
| 9 | | Police Act. |
| 10 | | (ccc) Records exempt from disclosure under Section |
| 11 | | 2605-304 of the Illinois State Police Law of the Civil |
| 12 | | Administrative Code of Illinois. |
| 13 | | (ddd) Information prohibited from being disclosed |
| 14 | | under Section 35 of the Address Confidentiality for |
| 15 | | Victims of Domestic Violence, Sexual Assault, Human |
| 16 | | Trafficking, or Stalking Act. |
| 17 | | (eee) Information prohibited from being disclosed |
| 18 | | under subsection (b) of Section 75 of the Domestic |
| 19 | | Violence Fatality Review Act. |
| 20 | | (fff) Images from cameras under the Expressway Camera |
| 21 | | Act. This subsection (fff) is inoperative on and after |
| 22 | | July 1, 2025. |
| 23 | | (ggg) Information prohibited from disclosure under |
| 24 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 25 | | Agency Licensing Act. |
| 26 | | (hhh) Information submitted to the Illinois State |
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| 1 | | Police in an affidavit or application for an assault |
| 2 | | weapon endorsement, assault weapon attachment endorsement, |
| 3 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 4 | | endorsement under the Firearm Owners Identification Card |
| 5 | | Act. |
| 6 | | (iii) Data exempt from disclosure under Section 50 of |
| 7 | | the School Safety Drill Act. |
| 8 | | (jjj) Information exempt from disclosure under Section |
| 9 | | 30 of the Insurance Data Security Law. |
| 10 | | (kkk) Confidential business information prohibited |
| 11 | | from disclosure under Section 45 of the Paint Stewardship |
| 12 | | Act. |
| 13 | | (lll) Data exempt from disclosure under Section |
| 14 | | 2-3.196 of the School Code. |
| 15 | | (mmm) Information prohibited from being disclosed |
| 16 | | under subsection (e) of Section 1-129 of the Illinois |
| 17 | | Power Agency Act. |
| 18 | | (nnn) Materials received by the Department of Commerce |
| 19 | | and Economic Opportunity that are confidential under the |
| 20 | | Music and Musicians Tax Credit and Jobs Act. |
| 21 | | (ooo) Data or information provided pursuant to Section |
| 22 | | 20 of the Statewide Recycling Needs and Assessment Act. |
| 23 | | (ppp) Information that is exempt from disclosure under |
| 24 | | Section 28-11 of the Lawful Health Care Activity Act. |
| 25 | | (qqq) Information that is exempt from disclosure under |
| 26 | | Section 7-101 of the Illinois Human Rights Act. |
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| 1 | | (rrr) Information prohibited from being disclosed |
| 2 | | under Section 4-2 of the Uniform Money Transmission |
| 3 | | Modernization Act. |
| 4 | | (sss) Information exempt from disclosure under Section |
| 5 | | 40 of the Student-Athlete Endorsement Rights Act. |
| 6 | | (ttt) Audio recordings made under Section 30 of the |
| 7 | | Illinois State Police Act, except to the extent authorized |
| 8 | | under that Section. |
| 9 | | (uuu) Information exempt from disclosure under Section |
| 10 | | 70 of the End-of-Life Options for Terminally Ill Patients |
| 11 | | Act. |
| 12 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
| 13 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
| 14 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
| 15 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
| 16 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
| 17 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
| 18 | | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. |
| 19 | | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, |
| 20 | | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; |
| 21 | | 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.)
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| 22 | | Section 999. Effective date. This Act takes effect 9 |
| 23 | | months after becoming law.". |