104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: New Act Creates the End-of-Life Options for Terminally Ill Patients Act. Authorizes a qualified patient with a terminal disease to request that a physician prescribe aid-in-dying medication that will allow the patient to end the patient's life in a peaceful manner. Contains provisions concerning: the procedures and forms to be used to request aid-in-dying medication; the responsibilities of attending and consulting physicians; the referral of patients for determinations of mental capacity; the residency of qualified patients; the safe disposal of unused medications; the obligations of health care entities; the immunities granted for actions taken in good faith reliance upon the Act; the reporting requirements of physicians; the effect of the Act on the construction of wills, contracts, and statutes; the effect of the Act on insurance policies and annuities; the procedures for the completion of death certificates; the liabilities and penalties provided by the Act; the construction of the Act; the definitions of terms used in the Act; and other matters. Effective 6 months after becoming law. LRB104 06296 BDA 16331 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: New Act New Act Creates the End-of-Life Options for Terminally Ill Patients Act. Authorizes a qualified patient with a terminal disease to request that a physician prescribe aid-in-dying medication that will allow the patient to end the patient's life in a peaceful manner. Contains provisions concerning: the procedures and forms to be used to request aid-in-dying medication; the responsibilities of attending and consulting physicians; the referral of patients for determinations of mental capacity; the residency of qualified patients; the safe disposal of unused medications; the obligations of health care entities; the immunities granted for actions taken in good faith reliance upon the Act; the reporting requirements of physicians; the effect of the Act on the construction of wills, contracts, and statutes; the effect of the Act on insurance policies and annuities; the procedures for the completion of death certificates; the liabilities and penalties provided by the Act; the construction of the Act; the definitions of terms used in the Act; and other matters. Effective 6 months after becoming law. LRB104 06296 BDA 16331 b LRB104 06296 BDA 16331 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the End-of-Life Options for Terminally Ill Patients Act. Authorizes a qualified patient with a terminal disease to request that a physician prescribe aid-in-dying medication that will allow the patient to end the patient's life in a peaceful manner. Contains provisions concerning: the procedures and forms to be used to request aid-in-dying medication; the responsibilities of attending and consulting physicians; the referral of patients for determinations of mental capacity; the residency of qualified patients; the safe disposal of unused medications; the obligations of health care entities; the immunities granted for actions taken in good faith reliance upon the Act; the reporting requirements of physicians; the effect of the Act on the construction of wills, contracts, and statutes; the effect of the Act on insurance policies and annuities; the procedures for the completion of death certificates; the liabilities and penalties provided by the Act; the construction of the Act; the definitions of terms used in the Act; and other matters. Effective 6 months after becoming law.
LRB104 06296 BDA 16331 b LRB104 06296 BDA 16331 b
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A BILL FOR
HB1328LRB104 06296 BDA 16331 b HB1328 LRB104 06296 BDA 16331 b
HB1328 LRB104 06296 BDA 16331 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 End-of-Life Options for Terminally Ill Patients Act.
6 Section 5. Definitions. As used in this Act:
7 "Adult" means an individual 18 years of age or older.
8 "Advanced practice registered nurse" means an advanced
9 practice registered nurse licensed under the Nurse Practice
10 Act who is certified as a psychiatric mental health
11 practitioner.
12 "Aid in dying" means an end-of-life care option that
13 allows a qualified patient to obtain a prescription for
14 medication pursuant to this Act.
15 "Attending physician" means the physician who has primary
16 responsibility for the care of the patient and treatment of
17 the patient's terminal disease.
18 "Clinical psychologist" means a psychologist licensed
19 under the Clinical Psychologist Licensing Act.
20 "Clinical social worker" means a person licensed under the
21 Clinical Social Work and Social Work Practice Act.
22 "Coercion or undue influence" means the willful attempt,
23 whether by deception, intimidation, or any other means to:
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the End-of-Life Options for Terminally Ill Patients Act. Authorizes a qualified patient with a terminal disease to request that a physician prescribe aid-in-dying medication that will allow the patient to end the patient's life in a peaceful manner. Contains provisions concerning: the procedures and forms to be used to request aid-in-dying medication; the responsibilities of attending and consulting physicians; the referral of patients for determinations of mental capacity; the residency of qualified patients; the safe disposal of unused medications; the obligations of health care entities; the immunities granted for actions taken in good faith reliance upon the Act; the reporting requirements of physicians; the effect of the Act on the construction of wills, contracts, and statutes; the effect of the Act on insurance policies and annuities; the procedures for the completion of death certificates; the liabilities and penalties provided by the Act; the construction of the Act; the definitions of terms used in the Act; and other matters. Effective 6 months after becoming law.
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A BILL FOR
New Act
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1 (1) cause a patient to request, obtain, or
2 self-administer medication pursuant to this Act with
3 intent to cause the death of the patient; or
4 (2) prevent a qualified patient, in a manner that
5 conflicts with the Health Care Right of Conscience Act,
6 from obtaining or self-administering medication pursuant
7 to this Act.
8 "Consulting physician" means a physician who is qualified
9 by specialty or experience to make a professional diagnosis
10 and prognosis regarding the patient's disease.
11 "Department" means the Department of Public Health.
12 "Health care entity" means a hospital or hospital
13 affiliate, nursing home, hospice or any other facility
14 licensed under any of the following Acts: the Ambulatory
15 Surgical Treatment Center Act; the Home Health, Home Services,
16 and Home Nursing Agency Licensing Act; the Hospice Program
17 Licensing Act; the Hospital Licensing Act; the Nursing Home
18 Care Act; or the University of Illinois Hospital Act. "Health
19 care entity" does not include a physician.
20 "Health care professional" means a physician, pharmacist,
21 or licensed mental health professional.
22 "Informed decision" means a decision by a patient with
23 mental capacity and a terminal disease to request and obtain a
24 prescription for medication pursuant to this Act, that the
25 qualified patient may self-administer to bring about a
26 peaceful death, after being fully informed by the attending
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1 physician and consulting physician of:
2 (1) the patient's diagnosis and prognosis;
3 (2) the potential risks and benefits associated with
4 taking the medication to be prescribed;
5 (3) the probable result of taking the medication to be
6 prescribed;
7 (4) the feasible end-of-life care and treatment
8 options for the patient's terminal disease, including, but
9 not limited to, comfort care, palliative care, hospice
10 care, and pain control, and the risks and benefits of
11 each;
12 (5) the patient's right to withdraw a request pursuant
13 this Act, or consent for any other treatment, at any time;
14 and
15 (6) the patient's right to choose not to obtain the
16 drug or to choose to obtain the drug but not to ingest it.
17 "Licensed mental health care professional" means a
18 psychiatrist, clinical psychologist, clinical social worker,
19 or advanced practice registered nurse.
20 "Mental capacity" means that, in the opinion of the
21 attending physician or the consulting physician or, if the
22 opinion of a licensed mental health care professional is
23 required under Section 40, the licensed mental health care
24 professional, the patient requesting medication pursuant to
25 this Act has the ability to make and communicate an informed
26 decision.
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1 "Oral request" means an affirmative statement that
2 demonstrates a contemporaneous affirmatively stated desire by
3 the patient seeking aid in dying.
4 "Pharmacist" means an individual licensed to engage in the
5 practice of pharmacy under the Pharmacy Practice Act.
6 "Physician" means a person licensed to practice medicine
7 in all of its branches under the Medical Practice Act of 1987.
8 "Psychiatrist" means a physician who has successfully
9 completed a residency program in psychiatry accredited by
10 either the Accreditation Council for Graduate Medical
11 Education or the American Osteopathic Association.
12 "Qualified patient" means an adult Illinois resident with
13 the mental capacity to make medical decisions who has
14 satisfied the requirements of this Act in order to obtain a
15 prescription for medication to bring about a peaceful death.
16 No person will be considered a "qualified patient" under this
17 Act solely because of advanced age, disability, or a mental
18 health condition, including depression.
19 "Self-administer" means an affirmative, conscious,
20 voluntary action, performed by a qualified patient, to ingest
21 medication prescribed pursuant to this Act to bring about the
22 patient's peaceful death. Self-administration does not include
23 administration by parenteral injection or infusion.
24 "Terminal disease" means an incurable and irreversible
25 disease that will, within reasonable medical judgment, result
26 in death within 6 months. The existence of a terminal disease,
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1 as determined after in-person examination by the patient's
2 physician and concurrence by another physician, shall be
3 documented in writing in the patient's medical record. A
4 diagnosis of a major depressive disorder, as defined in the
5 current edition of the Diagnostic and Statistical Manual of
6 Mental Disorders, alone does not qualify as a terminal
7 disease.
8 Section 10. Informed consent.
9 (a) Nothing in this Act may be construed to limit the
10 amount of information provided to a patient to ensure the
11 patient can make a fully informed health care decision.
12 (b) An attending physician must provide sufficient
13 information to a patient regarding all appropriate end-of-life
14 care options, including comfort care, hospice care, palliative
15 care, and pain control, as well as the foreseeable risks and
16 benefits of each, so that the patient can make a voluntary and
17 affirmative decision regarding the patient's end-of-life care.
18 (c) If a patient makes a request for the patient's medical
19 records to be transmitted to an alternative physician, the
20 patient's medical records shall be transmitted without undue
21 delay.
22 Section 15. Standard of care. Nothing contained in this
23 Act shall be interpreted to lower the applicable standard of
24 care for the health care professionals participating under
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1 this Act.
2 Section 20. Qualification.
3 (a) A qualified patient with a terminal disease may
4 request a prescription for medication under this Act in the
5 following manner:
6 (1) The qualified patient may orally request a
7 prescription for medication under this Act from the
8 patient's attending physician.
9 (2) The oral request from the qualified patient shall
10 be documented by the attending physician.
11 (3) The qualified patient shall provide a written
12 request in accordance with this Act to the patient's
13 attending physician after making the initial oral request.
14 (4) The qualified patient shall repeat the oral
15 request to the patient's attending physician no less than
16 5 days after making the initial oral request.
17 (b) The attending and consulting physicians of a qualified
18 patient shall have met all the requirements of Sections 30 and
19 35.
20 (c) Notwithstanding subsection (a), if the individual's
21 attending physician has medically determined that the
22 individual will, within reasonable medical judgment, die
23 within 5 days after making the initial oral request under this
24 Section, the individual may satisfy the requirements of this
25 Section by providing a written request and reiterating the
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1 oral request to the attending physician at any time after
2 making the initial oral request.
3 (d) At the time the patient makes the second oral request,
4 the attending physician shall offer the patient an opportunity
5 to rescind the request.
6 (e) Oral and written requests for aid in dying may be made
7 only by the patient and shall not be made by the patient's
8 surrogate decision-maker, health care proxy, health care
9 agent, attorney-in-fact for health care, nor via advance
10 health care directive.
11 (f) If a requesting patient decides to transfer care to an
12 alternative physician, the records custodian shall, upon
13 written request, transmit, without undue delay, the patient's
14 medical records, including written documentation of the dates
15 of the patient's requests concerning aid in dying.
16 (g) A transfer of care or medical records does not toll or
17 restart any waiting period.
18 Section 25. Form of written request.
19 (a) A written request for medication under this Act shall
20 be in substantially the form below, signed and dated by the
21 requesting patient, and witnessed in the presence of the
22 patient by at least 2 witnesses who attest that to the best of
23 their knowledge and belief the patient has mental capacity, is
24 acting voluntarily, and is not being coerced or unduly
25 influenced to sign the request.
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1 (b) One of the witnesses required under this Section must
2 be a person who is not:
3 (1) a relative of the patient by blood, marriage,
4 civil union, registered domestic partnership, or adoption;
5 (2) a person who, at the time the request is signed,
6 would be entitled to any portion of the estate of the
7 qualified patient upon death, under any will or by
8 operation of law; or
9 (3) an owner, operator, or employee of a health care
10 entity where the qualified patient is receiving medical
11 treatment or is a resident.
12 (c) The patient's attending physician at the time the
13 request is signed shall not be a witness.
14 (d) If a person uses an interpreter, the interpreter shall
15 not be a witness.
16 (e) The written request for medication under this Act
17 shall be substantially as follows:
18 "Request for Medication to End My Life in a Peaceful Manner
19 I, ............... (NAME OF PATIENT), am an adult of sound
20 mind, and a resident of Illinois. I have been diagnosed with
21 ............... (NAME OF CONDITION) and given a terminal
22 disease prognosis of 6 months or less to live by my attending
23 physician.
24 I affirm that my terminal disease diagnosis was given or
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1 confirmed during at least one in-person visit to a health care
2 professional.
3 I have been fully informed of the feasible alternatives
4 and concurrent or additional treatment opportunities for my
5 terminal disease, including, but not limited to, comfort care,
6 palliative care, hospice care, or pain control, as well as the
7 potential risks and benefits of each. I have been offered,
8 have received, or have been offered and received resources or
9 referrals to pursue these alternatives and concurrent or
10 additional treatment opportunities for my terminal disease.
11 I have been fully informed of the nature of the medication
12 to be prescribed, including the risks and benefits, and I
13 understand that the likely outcome of self-administering the
14 medication is death.
15 I understand that I can rescind this request at any time,
16 that I am under no obligation to fill the prescription once
17 written, and that I have no duty to self-administer the
18 medication if I obtain it.
19 I request that my attending physician furnish a
20 prescription for medication that will end my life if I choose
21 to self-administer it, and I authorize my attending physician
22 to transmit the prescription to a pharmacist to dispense the
23 medication at a time of my choosing.
24 I make this request voluntarily, free from coercion or
25 undue influence.
26 Dated: ................
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1 Signed..............................................
2 (patient)
3 Dated: ................
4 Signed...........................................
5 (witness #1)
6 Dated: ................
7 Signed..........................................
8 (witness #2)"
9 (f) The interpreter attachment for a written request for
10 medication under this Act shall be substantially as follows:
11 "Request for Medication to End My Life in a Peaceful Manner
12 Interpreter Attachment
13 I, ............... (NAME OF INTERPRETER), am fluent in
14 English and ............... (LANGUAGE OF PATIENT, INCLUDING
15 SIGN LANGUAGE).
16 On ....... (DATE) at approximately ....... (TIME), I read
17 the "Request for Medication to End My Life in a Peaceful
18 Manner" form to ............... (NAME OF PATIENT) in
19 ............... (LANGUAGE OF PATIENT, INCLUDING SIGN
20 LANGUAGE).
21 ............... (NAME OF PATIENT) affirmed to me that they
22 understand the content of this form, that they desire to sign
23 this form under their own power and volition, and that they
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1 requested to sign the form after consultations with an
2 attending physician and a consulting physician.
3 Under penalty of perjury, I declare that I am fluent in
4 English and ............... (LANGUAGE OF PATIENT, INCLUDING
5 SIGN LANGUAGE) and that the contents of this form, to the best
6 of my knowledge, are true and correct. Executed at
7 .................................. (NAME OF CITY, COUNTY, AND
8 STATE) on ....... (DATE).
9 Interpreter's signature: ....................................
10 Interpreter's printed name: .................................
11 Interpreter's address: ......................................".
12 Section 30. Attending physician responsibilities.
13 (a) Following the request of a patient for aid in dying,
14 the attending physician shall conduct an evaluation of the
15 patient and:
16 (1) determine whether the patient has a terminal
17 disease or has been diagnosed as having a terminal
18 disease;
19 (2) determine whether a patient has mental capacity;
20 (3) confirm that the patient's request does not arise
21 from coercion or undue influence;
22 (4) inform the patient of:
23 (A) the diagnosis;
24 (B) the prognosis;
25 (C) the potential risks, benefits, and probable
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1 result of self-administering the prescribed medication
2 to bring about a peaceful death;
3 (D) the potential benefits and risks of feasible
4 alternatives, including, but not limited to,
5 concurrent or additional treatment options for the
6 patient's terminal disease, comfort care, palliative
7 care, hospice care, and pain control; and
8 (E) the patient's right to rescind the request for
9 medication pursuant to this Act at any time;
10 (5) inform the patient that there is no obligation to
11 fill the prescription nor an obligation to self-administer
12 the medication, if it is obtained;
13 (6) provide the patient with a referral for comfort
14 care, palliative care, hospice care, pain control, or
15 other end-of-life treatment options as requested by the
16 patient and as clinically indicated;
17 (7) refer the patient to a consulting physician for
18 medical confirmation that the patient requesting
19 medication pursuant to this Act:
20 (A) has a terminal disease with a prognosis of 6
21 months or less to live; and
22 (B) has mental capacity.
23 (8) include the consulting physician's written
24 determination in the patient's medical record;
25 (9) refer the patient to a licensed mental health
26 professional in accordance with Section 40 if the
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1 attending physician observes signs that the individual may
2 not be capable of making an informed decision;
3 (10) include the licensed mental health professional's
4 written determination in the patient's medical record, if
5 such determination was requested;
6 (11) inform the patient of the benefits of notifying
7 the next of kin of the patient's decision to request
8 medication pursuant to this Act;
9 (12) fulfill the medical record documentation
10 requirements;
11 (13) ensure that all steps are carried out in
12 accordance with this Act before providing a prescription
13 to a qualified patient for medication pursuant to this Act
14 including:
15 (A) confirming that the patient has made an
16 informed decision to obtain a prescription for
17 medication;
18 (B) offering the patient an opportunity to rescind
19 the request for medication; and
20 (C) providing information to the patient on:
21 (I) the recommended procedure for
22 self-administering the medication to be
23 prescribed;
24 (II) the safekeeping and proper disposal of
25 unused medication in accordance with State and
26 federal law;
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1 (III) the importance of having another person
2 present when the patient self-administers the
3 medication to be prescribed; and
4 (IV) not taking the aid-in-dying medication in
5 a public place.
6 (D) not taking the aid-in-dying medication in a
7 public place;
8 (14) deliver, in accordance with State and federal
9 law, the prescription personally, by mail, or through an
10 authorized electronic transmission to a licensed
11 pharmacist who will dispense the medication, including any
12 ancillary medications, to the qualified patient, or to a
13 person expressly designated by the qualified patient in
14 person or with a signature required on delivery, by mail
15 service, or by messenger service;
16 (15) if authorized by the Drug Enforcement
17 Administration, dispense the prescribed medication,
18 including any ancillary medications, to the qualified
19 patient or a person designated by the qualified patient;
20 and
21 (16) include, in the qualified patient's medical
22 record, the patient's diagnosis and prognosis,
23 determination of mental capacity, the date of each oral
24 request, a copy of the written request, a notation that
25 the requirements under this Section have been completed,
26 and an identification of the medication and ancillary
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1 medications prescribed to the qualified patient pursuant
2 to this Act.
3 (b) Notwithstanding any other provision of law, the
4 attending physician may sign the patient's death certificate.
5 Section 35. Consulting physician responsibilities. A
6 consulting physician shall:
7 (1) conduct an evaluation of the patient and review
8 the patient's relevant medical records, including the
9 evaluation pursuant to Section 40, if such evaluation was
10 necessary;
11 (2) confirm in writing to the attending physician that
12 the patient:
13 (A) has requested a prescription for aid-in-dying
14 medication;
15 (B) has a documented terminal disease;
16 (C) has mental capacity or has provided
17 documentation that the consulting health care
18 professional has referred the individual for further
19 evaluation in accordance with Section 40; and
20 (D) is acting voluntarily, free from coercion or
21 undue influence.
22 Section 40. Referral for determination that the requesting
23 patient has mental capacity.
24 (a) If either the attending physician or the consulting
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1 physician has doubts whether the individual has mental
2 capacity and if either one is unable to confirm that the
3 individual is capable of making an informed decision, the
4 attending physician or consulting physician shall refer the
5 patient to a licensed mental health professional for
6 determination regarding mental capability.
7 (b) The licensed mental health professional shall
8 additionally determine whether the patient is suffering from a
9 psychiatric or psychological disorder causing impaired
10 judgment.
11 (c) The licensed mental health professional who evaluates
12 the patient under this Section shall submit to the requesting
13 attending or consulting physician a written determination of
14 whether the patient has mental capacity.
15 (d) If the licensed mental health professional determines
16 that the patient does not have mental capacity, or is
17 suffering from a psychiatric or psychological disorder causing
18 impaired judgment, the patient shall not be deemed a qualified
19 patient and the attending physician shall not prescribe
20 medication to the patient under this Act.
21 Section 45. Residency requirement.
22 (a) Only requests made by Illinois residents may be
23 granted under this Act.
24 (b) A patient is able to establish residency through any
25 one or more of the following means:
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1 (1) possession of a driver's license or other
2 identification issued by the Secretary of State or State
3 of Illinois;
4 (2) registration to vote in Illinois;
5 (3) evidence that the person owns, rents, or leases
6 property in Illinois;
7 (4) the location of any dwelling occupied by the
8 person;
9 (5) the place where any motor vehicle owned by the
10 person is registered;
11 (6) the residence address, not a post office box,
12 shown on an income tax return filed for the year preceding
13 the year in which the person initially makes an oral
14 request under this Act;
15 (7) the residence address, not a post office box, at
16 which the person's mail is received;
17 (8) the residence address, not a post office box,
18 shown on any unexpired resident hunting or fishing or
19 other licenses held by the person;
20 (9) the residence address, not a post office box,
21 shown on any driver's license held by the person;
22 (10) the receipt of any public benefit conditioned
23 upon residency; or
24 (11) any other objective facts tending to indicate a
25 person's place of residence is in Illinois.
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1 Section 50. Safe disposal of unused medications. A person
2 who has custody or control of medication prescribed pursuant
3 to this Act after the qualified patient's death shall dispose
4 of the medication by delivering it to the nearest qualified
5 facility that properly disposes of controlled substances or,
6 if none is available, by lawful means in accordance with
7 applicable State and federal guidelines.
8 Section 55. No duty to provide aid in dying.
9 (a) A health care professional shall not be under any
10 duty, by law or contract, to participate in the provision of
11 aid-in-dying care to a patient as set forth in this Act.
12 (b) A health care professional shall not be subject to
13 civil or criminal liability for participating or refusing to
14 participate in the provision of aid-in-dying care to a patient
15 in good faith compliance with this Act.
16 (c) A health care entity or licensing board shall not
17 subject a health care professional to censure, discipline,
18 suspension, loss of license, loss of privileges, loss of
19 membership, or other penalty for participating or refusing to
20 participate in accordance with this Act.
21 (d) A health care professional may choose not to engage in
22 aid-in-dying care.
23 (e) Only willing health care professionals shall provide
24 aid-in-dying care in accordance with this Act. If a health
25 care professional is unable or unwilling to carry out a
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1 patient's request under this Act, and the patient transfers
2 the patient's care to a new health care professional, the
3 prior health care professional shall transmit, upon request, a
4 copy of the patient's relevant medical records to the new
5 health care professional without undue delay.
6 (f) A health care professional shall not engage in false,
7 misleading, or deceptive practices relating to a willingness
8 to qualify a patient or provide aid-in-dying care.
9 Intentionally misleading a patient constitutes coercion.
10 (g) The provisions of the Health Care Right of Conscience
11 Act apply to this Act and are incorporated by reference.
12 Section 60. Health care entity permissible prohibitions
13 and duties.
14 (a) A health care entity may prohibit health care
15 professionals from practicing aid-in-dying care while
16 performing duties for the entity. A prohibiting entity must
17 provide advance notice in writing to health care professionals
18 and staff at the time of hiring, contracting with, or
19 privileging and on a yearly basis thereafter.
20 (b) If a patient wishes to transfer care to another health
21 care entity, the prohibiting entity shall coordinate a timely
22 transfer of care, including transmitting, without undue delay,
23 the patient's medical records that include notation of the
24 date the patient first made a request concerning aid-in-dying
25 care.
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1 (c) No health care entity shall prohibit a health care
2 professional from:
3 (1) providing information to a patient regarding the
4 patient's health status, including, but not limited to,
5 diagnosis, prognosis, recommended treatment and treatment
6 alternatives, and the risks and benefits of each;
7 (2) providing information regarding health care
8 services available pursuant to this Act, information about
9 relevant community resources, and how to access those
10 resources for obtaining care of the patient's choice;
11 (3) practicing aid-in-dying care outside the scope of
12 the health care professional's employment or contract with
13 the prohibiting entity and off the premises of the
14 prohibiting entity; or
15 (4) being present, if outside the scope of the health
16 care professional's employment or contractual duties, when
17 a qualified patient self-administers medication prescribed
18 pursuant to this Act or at the time of death, if requested
19 by the qualified patient or their representative.
20 (d) A health care entity shall not engage in false,
21 misleading, or deceptive practices relating to its policy
22 around end-of-life care services, including whether it has a
23 policy that prohibits affiliated health care professionals
24 from practicing aid-in-dying care; or intentionally denying a
25 patient access to medication pursuant to this Act by
26 intentionally failing to transfer a patient and the patient's
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1 medical records to another health care professional in a
2 timely manner. Intentionally misleading a patient or deploying
3 misinformation to obstruct access to services pursuant to this
4 Act constitutes coercion or undue influence.
5 (e) The provisions of the Health Care Right of Conscience
6 Act apply to this Act and are incorporated by reference.
7 (f) If any part of this Section is found to be in conflict
8 with federal requirements which are a prescribed condition to
9 receipt of federal funds, the conflicting part of this Section
10 is inoperative solely to the extent of the conflict with
11 respect to the entity directly affected, and such finding or
12 determination shall not affect the operation of the remainder
13 of the Section or this Act.
14 Section 65. Immunities for actions in good faith;
15 prohibition against reprisals.
16 (a) A health care professional or health care entity shall
17 not be subject to civil or criminal liability, licensing
18 sanctions, or other professional disciplinary action for
19 actions taken in good faith compliance with this Act.
20 (b) If a health care professional or health care entity is
21 unable or unwilling to carry out an individual's request for
22 aid in dying, the professional or entity shall, at a minimum:
23 (1) inform the individual of the professional's or
24 entity's inability or unwillingness;
25 (2) refer the individual either to a health care
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1 professional who is able and willing to evaluate and
2 qualify the individual or to another individual or entity
3 to assist the requesting individual in seeking aid in
4 dying, in accordance with the Health Care Right of
5 Conscience Act; and
6 (3) note, in the medical record, the individual's date
7 of request and health care professional's notice to the
8 individual of the health care professional's unwillingness
9 or inability to carry out the individual's request.
10 (c) A health care entity or licensing board shall not
11 subject a health care professional to censure, discipline,
12 suspension, loss of license, loss of privileges, loss of
13 membership, or other penalty for engaging in good faith
14 compliance with this Act.
15 (d) A health care professional, health care entity, or
16 licensing board shall not subject a health care professional
17 to discharge, demotion, censure, discipline, suspension, loss
18 of license, loss of privileges, loss of membership,
19 discrimination, or any other penalty for providing
20 aid-in-dying care in accordance with the standard of care and
21 in good faith under this Act when:
22 (1) engaged in the outside practice of medicine and
23 off of the objecting health care entity's premises; or
24 (2) providing scientific and accurate information
25 about aid-in-dying care to a patient when discussing
26 end-of-life care options.
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1 (e) A physician is not subject to civil or criminal
2 liability or professional discipline if, at the request of the
3 qualified patient, the physician is present outside the scope
4 of the physician's employment contract and off the entity's
5 premises, when the qualified patient self-administers
6 medication pursuant to this Act, or at the time of death.
7 (f) A physician who is present at self-administration may,
8 without civil or criminal liability, assist the qualified
9 patient by preparing the medication prescribed pursuant to
10 this Act.
11 (g) A request by a patient for aid in dying does not alone
12 constitute grounds for neglect or elder abuse for any purpose
13 of law, nor shall it be the sole basis for appointment of a
14 guardian.
15 (h) This Section does not limit civil liability for
16 intentional misconduct.
17 Section 70. Reporting requirements.
18 (a) Within 45 days after the effective date of this Act,
19 the Department shall create and post to its website an
20 Attending Physician Checklist Form and Attending Physician
21 Follow-Up Form to facilitate collection of the information
22 described in this Section. Failure to create or post the
23 Attending Physician Checklist Form, the Attending Physician
24 Follow-Up Form, or both shall not suspend the effective date
25 of this Act.
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1 (b) Within 30 calendar days of providing a prescription
2 for medication pursuant to this Act, the attending physician
3 shall submit to the Department an Attending Physician
4 Checklist Form with the following information:
5 (1) the qualifying patient's name and date of birth;
6 (2) the qualifying patient's terminal diagnosis and
7 prognosis;
8 (3) notice that the requirements under this Act were
9 completed; and
10 (4) notice that medication has been prescribed
11 pursuant to this Act.
12 (c) Within 60 calendar days of notification of a qualified
13 patient's death from self-administration of medication
14 prescribed pursuant to this Act, the attending physician shall
15 submit to the Department, an Attending Physician Follow-Up
16 Form with the following information:
17 (1) the qualified patient's name and date of birth;
18 (2) the date of the qualified patient's death; and
19 (3) a notation of whether the qualified patient was
20 enrolled in hospice services at the time of the qualified
21 patient's death.
22 (d) The Department shall collect and annually review the
23 forms filed pursuant to Section to ensure compliance. If a
24 physician required to report information to the Department
25 under this Act provides an inadequate or incomplete report,
26 the Department shall contact the physician to request an
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1 adequate or complete report. The information collected shall
2 be confidential and shall be collected in a manner that
3 protects the privacy of the patient, the patient's family, and
4 any health care professional involved with the patient under
5 the provisions of this Act. The information shall be
6 privileged and strictly confidential, and shall not be
7 disclosed, discoverable, or compelled to be produced in any
8 civil, criminal, administrative, or other proceeding.
9 (e) One year after the effective date of this Act, and each
10 year thereafter, the Department shall create and post on its
11 website a public statistical report of nonidentifying
12 information. The report shall be limited to:
13 (1) the number of prescriptions for medication written
14 pursuant to this Act;
15 (2) the number of physicians who wrote prescriptions
16 for medication pursuant to this Act;
17 (3) the number of qualified patients who died
18 following self-administration of medication prescribed and
19 dispensed pursuant to this Act; and
20 (4) the number of people who died due to using an
21 aid-in-dying drug, with demographic percentages organized
22 by the following characteristics:
23 (A) age at death;
24 (B) education level;
25 (C) race;
26 (D) gender;
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1 (E) type of insurance, including whether the
2 patient had insurance;
3 (F) underlying illness; and
4 (G) enrollment in hospice.
5 (f) Except as otherwise required by law, the information
6 collected by the Department is not a public record and is not
7 available for public inspection.
8 (g) Willful failure or refusal to timely submit records
9 required under this Act may result in disciplinary action.
10 Section 75. Effect on construction of wills, contracts,
11 and statutes.
12 (a) No provision in a contract, will, or other agreement,
13 whether written or oral, that would determine whether a
14 patient may make or rescind a request pursuant to this Act is
15 valid.
16 (b) No obligation owing under any contract that is in
17 effect on the effective date of this Act shall be conditioned
18 or affected by a patient's act of making or rescinding a
19 request pursuant to this Act.
20 (c) It is unlawful for an insurer to deny or alter health
21 care benefits otherwise available to a patient with a terminal
22 disease based on the availability of aid-in-dying care or
23 otherwise attempt to coerce a patient with a terminal disease
24 to make a request for aid-in-dying medication.
25 (d) Nothing in this Act prevents an insurer from
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1 exercising any right to void a policy based on a material
2 misrepresentation, as provided under Section 154 of the
3 Illinois Insurance Code, in an application for insurance.
4 Section 80. Insurance or annuity policies.
5 (a) The sale, procurement, or issuance of a life, health,
6 or accident insurance policy, annuity policy, or the rate
7 charged for a policy shall not be conditioned upon or affected
8 by a patient's act of making or rescinding a request for
9 medication pursuant to this Act.
10 (b) A qualified patient's act of self-administering
11 medication pursuant to this Act does not invalidate any part
12 of a life, health, or accident insurance, or annuity policy.
13 (c) An insurance plan, including medical assistance under
14 Article V of the Illinois Public Aid Code, shall not deny or
15 alter benefits to a patient with a terminal disease who is a
16 covered beneficiary of a health insurance plan, based on the
17 availability of aid-in-dying care, their request for
18 medication pursuant to this Act, or the absence of a request
19 for medication pursuant to this Act. Failure to meet this
20 requirement shall constitute a violation of the Illinois
21 Insurance Code.
22 Section 85. Death certificate.
23 (a) Unless otherwise prohibited by law, the attending
24 physician may sign the death certificate of a qualified
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1 patient who obtained and self-administered a prescription for
2 medication pursuant to this Act.
3 (b) When a death has occurred in accordance with this Act,
4 the death shall be attributed to the underlying terminal
5 disease.
6 (1) Death following self-administering medication
7 under this Act does not alone constitute grounds for
8 postmortem inquiry.
9 (2) Death in accordance with this Act shall not be
10 designated a suicide or homicide.
11 (c) A qualified patient's act of self-administering
12 medication prescribed pursuant to this Act shall not be
13 indicated on the death certificate.
14 Section 90. Liabilities and penalties.
15 (a) Nothing in this Act limits civil or criminal liability
16 arising from:
17 (1) Intentionally or knowingly altering or forging a
18 patient's request for medication pursuant to this Act or
19 concealing or destroying a rescission of a request for
20 medication pursuant to this Act.
21 (2) Intentionally or knowingly coercing or exerting
22 undue influence on a patient with a terminal disease to
23 request medication pursuant to this Act or to request or
24 use or not use medication pursuant to this Act.
25 (3) Intentional misconduct by a health care
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1 professional or health care entity.
2 (b) The penalties specified in this Act do not preclude
3 criminal penalties applicable under other laws for conduct
4 inconsistent with this Act.
5 (c) As used in this Section, "intentionally" and
6 "knowingly" have the meanings provided in Sections 4-4 and 4-5
7 of the Criminal Code of 2012.
8 Section 95. Construction.
9 (a) Nothing in this Act authorizes a physician or any
10 other person, including the qualified patient, to end the
11 qualified patient's life by lethal injection, lethal infusion,
12 mercy killing, homicide, murder, manslaughter, euthanasia, or
13 any other criminal act.
14 (b) Actions taken in accordance with this Act do not, for
15 any purposes, constitute suicide, assisted suicide,
16 euthanasia, mercy killing, homicide, murder, manslaughter,
17 elder abuse or neglect, or any other civil or criminal
18 violation under the law.
19 Section 100. Severability. The provisions of this Act are
20 severable under Section 1.31 of the Statute on Statutes.
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