ESTATES-HEALTH DIRECTIVES
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SB 182 — ESTATES-HEALTH DIRECTIVES
Last action — Public Act . . . . . . . . . 101-0163
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 30, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
0 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall study the feasibility of creating a statewide registry of advance directives and Practitioner Order for Life-Sustaining Treatment forms. Amends the Illinois Living Will Act, the Health Care Surrogate Act, the Mental Health Treatment Preferences Declaration Act, and the Powers of Attorney for Health Care Law of the Illinois Power of Attorney Act. Provides that various types of documents may be in hard copy or electronic format. Provides that electronic declarations may be revoked, among other things, by deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical record. Provides that signature and execution requirements are satisfied by written signatures or initials and electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the electronic medical record. Provides that a person who enters information in an electronic system under the persona of the principal shall be held civilly liable. Makes conforming changes. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 175/5-115 5 ILCS 175/5-120 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that the Department of Public Health shall also consult with a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, and a not-for-profit organ procurement organization that coordinates organ and tissue donation in the study of the feasibility of creating a statewide registry of advance directives and POLST forms. Provides that the study must be filed with the General Assembly on or before January 1, 2021. Provides that an electronic declaration may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature. Deletes language providing that the signature and execution requirements are satisfied by electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the medical record. Deletes language providing that an electronic declaration may also be revoked by the principal's deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical records. Amends the Electronic Commerce Security Act. Deletes language providing that provisions regarding electronic records and electronic signatures shall not apply to any rule of law governing the creation or execution of a living will or healthcare power of attorney.
Bill Text
What changed in the latest version
39 added · 39 removedPlain-language change summary
The latest version of Bill SB 182 has replaced all previously included lines with a new set of lines, effectively changing the content without altering the total number of lines. This means that the bill has undergone revisions or updates that may clarify or change its provisions. These changes could significantly impact how the bill functions or is implemented, so it's important for the public to stay informed on the specific details and implications of the updates.
SB0182 EngrossedEnrolled LRB101 04969 LNS 49978 b AN ACT concerning civil law.
SB0182 EngrossedEnrolled - 2 - LRB101 04969 LNS 49978 b (a) Where a rule of law requires information to be "written" or "in writing", or provides for certain consequences if it is not, an electronic record satisfies that rule of law.
SB0182 EngrossedEnrolled - 3 - LRB101 04969 LNS 49978 b (Source:
(2) to any rule of law governing the creation or SB0182 EngrossedEnrolled - 4 - LRB101 04969 LNS 49978 b execution of a will or trust, living will, or healthcare power of attorney;
The summary SB0182 EngrossedEnrolled - 5 - LRB101 04969 LNS 49978 b required under this subsection (a) must include the Department of Public Health Uniform POLST form.
The form shall meet the published minimum requirements to nationally be considered a practitioner orders for life-sustaining treatment form, or POLST, and may be referred to as the Department of Public Health Uniform POLST SB0182 EngrossedEnrolled - 6 - LRB101 04969 LNS 49978 b form.
(b-10) In consultation with a statewide professional organization representing physicians licensed to practice medicine in all its branches, statewide organizations representing physician assistants, advanced practice registered nurses, nursing homes, registered professional nurses, and emergency medical systems, a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, a not-for-profit organ procurement organization that coordinates organ and tissue donation, a statewide committee or group responsible for stakeholder education about POLST issues, and a statewide organization representing hospitals, the Department of Public Health shall study the feasibility of creating a SB0182 EngrossedEnrolled - 7 - LRB101 04969 LNS 49978 b statewide registry of advance directives and POLST forms.
(c) "Health-care provider" means a person who is licensed, SB0182 EngrossedEnrolled - 8 - LRB101 04969 LNS 49978 b certified or otherwise authorized by the law of this State to administer health care in the ordinary course of business or practice of a profession.
(g) "Qualified patient" means a patient who has executed a declaration in accordance with this Act and who has been SB0182 EngrossedEnrolled - 9 - LRB101 04969 LNS 49978 b diagnosed and verified in writing to be afflicted with a terminal condition by his or her attending physician who has personally examined the patient.
SB0182 EngrossedEnrolled - 10 - LRB101 04969 LNS 49978 b (4) For an electronic declaration, by deleting in a manner indicating the intention to revoke.
(a) The withholding or withdrawal of death delaying procedures from a qualified patient in accordance with the provisions of this Act shall SB0182 EngrossedEnrolled - 11 - LRB101 04969 LNS 49978 b not, for any purpose, constitute a suicide.
SB0182 EngrossedEnrolled - 12 - LRB101 04969 LNS 49978 b (f) Nothing in this Act shall be construed to condone, authorize or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying as provided in this Act.
SB0182 EngrossedEnrolled - 13 - LRB101 04969 LNS 49978 b (Source:
The Mental Health Treatment Preference SB0182 EngrossedEnrolled - 14 - LRB101 04969 LNS 49978 b Declaration Act is amended by changing Sections 5, 20, and 50 and by adding Section 23 as follows:
(7) "Mental health treatment" means electroconvulsive treatment, treatment of mental illness with psychotropic SB0182 EngrossedEnrolled - 15 - LRB101 04969 LNS 49978 b medication, and admission to and retention in a mental health facility for a period not to exceed 17 days for care or treatment of mental illness.
Electronic documents under this Act may be created, signed, or revoked electronically using a generic, SB0182 EngrossedEnrolled - 16 - LRB101 04969 LNS 49978 b technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature.
An electronic declaration may be revoked electronically using a generic, technology-neutral system in which each user is assigned a SB0182 EngrossedEnrolled - 17 - LRB101 04969 LNS 49978 b unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature.
(c) "Health care agency" means an agency governing any type of health care, anatomical gift, autopsy or disposition of remains for and on behalf of a patient and refers, in either SB0182 EngrossedEnrolled - 18 - LRB101 04969 LNS 49978 b hard copy or electronic format, to the power of attorney or other written instrument defining the agency or the agency, itself, as appropriate to the context.
1-1-15.) SB0182 EngrossedEnrolled - 19 - LRB101 04969 LNS 49978 b (755 ILCS 45/4-4.1 new) Sec.
An electronic health care agency may be revoked electronically using a generic, SB0182 EngrossedEnrolled - 20 - LRB101 04969 LNS 49978 b technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature.
(ii) or who falsifies or forges a health care SB0182 EngrossedEnrolled - 21 - LRB101 04969 LNS 49978 b agency, amendment, or revocation;
but the statutory health care SB0182 EngrossedEnrolled - 22 - LRB101 04969 LNS 49978 b power is not intended to be exclusive nor to cover delegation of a parent's power to control the health care of a minor child, and no provision of this Article shall be construed to invalidate or bar use by the principal of any other or different form of power of attorney for health care.
Compliance with the standards defined in the Electronic Commerce Security Act or the implementing rules of the Hospital Licensing Act for medical record entry SB0182 EngrossedEnrolled - 23 - LRB101 04969 LNS 49978 b authentication for author validation of the documentation, content accuracy, and completeness meets this standard.
SB0182 EngrossedEnrolled - 24 - LRB101 04969 LNS 49978 b WHAT ARE THE THINGS I WANT MY HEALTH CARE AGENT TO KNOW? The selection of your agent should be considered carefully, as your agent will have the ultimate decision-making decision making authority once this document goes into effect, in most instances after you are no longer able to make your own decisions.
(i) What is most important to you in your life? (ii) How important is it to you to avoid pain and suffering? (iii) If you had to choose, is it more important to you to live as long as possible, or to avoid prolonged suffering or disability? (iv) Would you rather be at home or in a hospital for the last days or weeks of your life? (v) Do you have religious, spiritual, or cultural beliefs that you want your agent and others to consider? (vi) Do you wish to make a significant contribution to SB0182 EngrossedEnrolled - 25 - LRB101 04969 LNS 49978 b medical science after your death through organ or whole body donation? (vii) Do you have an existing advance advanced directive, such as a living will, that contains your specific wishes about health care that is only delaying your death? If you have another advance directive, make sure to discuss with your agent the directive and the treatment decisions contained within that outline your preferences.
(v) decide to accept, withdraw, or decline treatments designed to keep you alive if you are near death or not SB0182 EngrossedEnrolled - 26 - LRB101 04969 LNS 49978 b likely to recover.
Choose a family member, friend, SB0182 EngrossedEnrolled - 27 - LRB101 04969 LNS 49978 b or other person who:
WHAT WILL HAPPEN IF I DO NOT CHOOSE A HEALTH CARE AGENT? If you become unable to make your own health care decisions SB0182 EngrossedEnrolled - 28 - LRB101 04969 LNS 49978 b and have not named an agent in writing, your physician and other health care providers will ask a family member, friend, or guardian to make decisions for you.
You can also write your wishes down and/or discuss them with your physician or other health care provider and ask him or her to write it down in your SB0182 EngrossedEnrolled - 29 - LRB101 04969 LNS 49978 b chart.
WHAT IF I DO NOT WANT TO USE THIS FORM? SB0182 EngrossedEnrolled - 30 - LRB101 04969 LNS 49978 b In the event you do not want to use the Illinois statutory form provided here, any document you complete must be executed by you, designate an agent who is over 18 years of age and not prohibited from serving as your agent, and state the agent's powers, but it need not be witnessed or conform in any other respect to the statutory health care power.
SB0182 EngrossedEnrolled - 31 - LRB101 04969 LNS 49978 b (Please check box if applicable) ....
(iv) Carrying out the plans I have already made, or, if SB0182 EngrossedEnrolled - 32 - LRB101 04969 LNS 49978 b I have not done so, making decisions about my body or remains, including organ, tissue or whole body donation, autopsy, cremation, and burial.
OR SB0182 EngrossedEnrolled - 33 - LRB101 04969 LNS 49978 b ....
If I am unconscious and my attending physician believes, in accordance with reasonable medical standards, that I will not wake up or recover my ability to SB0182 EngrossedEnrolled - 34 - LRB101 04969 LNS 49978 b think, communicate with my family and friends, and experience my surroundings, I do not want treatments to prolong my life or delay my death, but I do want treatment or care to make me comfortable and to relieve me of pain.
SB0182 EngrossedEnrolled - 35 - LRB101 04969 LNS 49978 b I am at least 18 years old.
(c) The statutory short form power of attorney for health care (the "statutory health care power") authorizes the agent to make any and all health care decisions on behalf of the principal which the principal could make if present and under no disability, subject to any limitations on the granted powers that appear on the face of the form, to be exercised in such manner as the agent deems consistent with the intent and SB0182 EngrossedEnrolled - 36 - LRB101 04969 LNS 49978 b desires of the principal.
(2) The agent is authorized to admit the principal to or discharge the principal from any and all types of hospitals, institutions, homes, residential or nursing SB0182 EngrossedEnrolled - 37 - LRB101 04969 LNS 49978 b facilities, treatment centers and other health care institutions providing personal care or treatment for any type of physical or mental condition.
(4) At the principal's expense and subject to reasonable rules of the health care provider to prevent disruption of the principal's health care, the agent shall have the same right the principal has to examine and copy and consent to disclosure of all the principal's medical records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing SB0182 EngrossedEnrolled - 38 - LRB101 04969 LNS 49978 b home or other health care provider.
(e) If the principal names the agent as a guardian on the statutory short form, and if a court decides that the appointment of a guardian will serve the principal's best interests and welfare, the court shall appoint the agent to SB0182 EngrossedEnrolled - 39 - LRB101 04969 LNS 49978 b serve without bond or security.
Action History
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Public Act . . . . . . . . . 101-0163
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Effective Date January 1, 2020
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Governor Approved
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Sent to the Governor
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Added Alternate Chief Co-Sponsor Rep. Camille Y. Lilly
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Passed Both Houses
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Third Reading - Short Debate - Passed 116-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Judiciary - Civil Committee; 012-001-000
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Added Alternate Chief Co-Sponsor Rep. Margo McDermed
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Reported Back To Judiciary - Civil Committee;
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Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 008-001-000
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To Family Law Subcommittee
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Assigned to Judiciary - Civil Committee
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Alternate Chief Sponsor Changed to Rep. Anna Moeller
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Bob Morgan
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Arrived in House
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading April 10, 2019
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Senate Floor Amendment No. 1 Adopted; Morrison
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Second Reading
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Senate Floor Amendment No. 1 Recommend Do Adopt Public Health; 010-000-000
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Senate Floor Amendment No. 1 Assignments Refers to Public Health
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Julie A. Morrison
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Placed on Calendar Order of 2nd Reading March 21, 2019
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Do Pass Public Health; 012-000-000
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Postponed - Public Health
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Assigned to Public Health
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Julie A. Morrison
Sponsors
- Julie A. Morrison · Cosponsor
- Anna Moeller · Cosponsor
- Margo McDermed · Cosponsor
- Camille Y. Lilly · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 4 co-sponsors · 179 not signed on
Sponsors (0)
None.
Co-sponsors (4)
- Julie A. Morrison Democrat
- Anna Moeller Democrat
- Margo McDermed
- Camille Y. Lilly Democrat
Not signed on (179)
179 members have not signed on to this bill.
Show all 179 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 20 | 0 | 0 | 0 |
| Democrat | 48 | 0 | 0 | 1 |
| Unaffiliated | 48 | 0 | 0 | 1 |
| Total | 116 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Reitz | — | Yea |
| Arroyo | — | Yea |
| Robinson | — | Yea |
| Bailey | — | Yea |
| Batinick | — | Yea |
| Harris | — | Yea |
| Bennett | — | Yea |
| Skillicorn | — | Yea |
| Bourne | — | Yea |
| Brady | — | Yea |
| Bristow | — | Yea |
| Sommer | — | Yea |
| Hurley | — | Yea |
| Durkin | — | Yea |
| Wheeler | — | Yea |
| Flowers | — | Yea |
| Willis | — | Yea |
| Frese | — | Yea |
| Yednock | — | Yea |
| Yingling | — | Yea |
| Pappas | — | Yea |
| Zalewski | — | Yea |
| Parkhurst | — | Yea |
| Madigan | — | Yea |
| Ramirez | — | Yea |
| Greenwood | — | Yea |
| Mazzochi | — | Not Voting |
| Jones | — | Yea |
| Kalish | — | Yea |
| Burke | — | Yea |
| Butler | — | Yea |
| Carroll | — | Yea |
| Thapedi | — | Yea |
| Caulkins | — | Yea |
| Turner | — | Yea |
| Marron | — | Yea |
| Connor | — | Yea |
| Unes | — | Yea |
| Conroy | — | Yea |
| McAuliffe | — | Yea |
| D'Amico | — | Yea |
| McDermed | — | Yea |
| Davis | — | Yea |
| Wehrli | — | Yea |
| McSweeney | — | Yea |
| Demmer | — | Yea |
| Welter | — | Yea |
| Costa Howard | — | Yea |
| Williams, Jawaharial | — | Yea |
| Aarón M. Ortíz | Democrat | Yea |
| Ann M. Williams | Democrat | Yea |
| Anna Moeller | Democrat | Yea |
| Anne Stava | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Yea |
| Bob Morgan | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Curtis J. Tarver, II | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Not Voting |
| Elizabeth "Lisa" Hernandez | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Joyce Mason | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Mary Edly-Allen | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Amy L. Grant | Republican | Yea |
| Andrew S. Chesney | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 1 |
| Democrat | 20 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Landek | — | Yea |
| Link | — | Yea |
| Sandoval | — | Yea |
| Manar | — | Yea |
| Schimpf | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Gillespie | — | Yea |
| Glowiak | — | Yea |
| Bennett | — | Yea |
| Steans | — | Yea |
| McGuire | — | Yea |
| Bertino-Tarrant | — | Yea |
| Stewart | — | Yea |
| Harris | — | Yea |
| Brady | — | Yea |
| Mulroe | — | Yea |
| Bush | — | Yea |
| Muñoz | — | Yea |
| Oberweis | — | Yea |
| Hutchinson | — | Yea |
| Crowe | — | Yea |
| Cullerton, T. | — | Yea |
| Cullerton | — | Yea |
| Righter | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Craig Wilcox | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Not Voting |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Yea |
| Jason Plummer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 182 do?
- Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall study the feasibility of creating a statewide registry of advance directives and Practitioner Order for Life-Sustaining Treatment forms. Amends the Illinois Living Will Act, the Health Care Surrogate Act, the Mental Health Treatment Preferences Declaration Act, and the Powers of Attorney for Health Care Law of the Illinois Power of Attorney Act. Provides that various types of documents may be in hard copy or electronic format. Provides that electronic declarations may be revoked, among other things, by deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical record. Provides that signature and execution requirements are satisfied by written signatures or initials and electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the electronic medical record. Provides that a person who enters information in an electronic system under the persona of the principal shall be held civilly liable. Makes conforming changes. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 175/5-115 5 ILCS 175/5-120 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that the Department of Public Health shall also consult with a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, and a not-for-profit organ procurement organization that coordinates organ and tissue donation in the study of the feasibility of creating a statewide registry of advance directives and POLST forms. Provides that the study must be filed with the General Assembly on or before January 1, 2021. Provides that an electronic declaration may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature. Deletes language providing that the signature and execution requirements are satisfied by electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the medical record. Deletes language providing that an electronic declaration may also be revoked by the principal's deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical records. Amends the Electronic Commerce Security Act. Deletes language providing that provisions regarding electronic records and electronic signatures shall not apply to any rule of law governing the creation or execution of a living will or healthcare power of attorney.
- Who sponsors SB 182?
- SB 182 is sponsored by Julie A. Morrison (Democrat), Anna Moeller (Democrat), Margo McDermed, and Camille Y. Lilly (Democrat).
- What is the current status of SB 182?
- This bill has been enacted into law. Introduced January 30, 2019. Enacted.
- Where can I track SB 182?
- Track SB 182 free on One Click Politics — get push/email alerts when it moves.
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