Comparing HB 5764 → HB 501 — END-OF-LIFE OPTIONS ACT CHANGES

Struck = only in HB 5764 · added = only in HB 501.

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*LRB10421615BDA37082b* HB5764 104TH GENERAL ASSEMBLY State of Illinois and 2026 HB5764 Introduced 5/6/2026, by Rep.
HOUSE BILL 501 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Dayan Hochman-Vigil 6 8 10 AN ACT RELATING TO HEALTH CARE;
William E Hauter SYNOPSIS AS INTRODUCED:
AMENDING THE END-OF-LIFE OPTIONS ACT TO CLARIFY THAT HEALTH CARE PROVIDERS ARE ABLE TO REFUSE TO PARTICIPATE IN MEDICAL AID IN DYING FOR REASONS OF CONSCIENCE;
ILCS 22/70 ILCS 22/90 rep.
DECLARING AN EMERGENCY.
Amends the End-of-Life Options for Terminally Ill Patients Act.
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Deletes provisions requiring a health care professional or health care entity unable or unwilling to carry out aid in dying to refer the individual to another health care professional or health care entity.
e t 17 SECTION 1.
Repeals provisions concerning the signing of a death certificate and the contents of a death certificate for a death under the Act.
Section 24-7C-1 NMSA 1978 (being Laws 2021, w l n d 18 Chapter 132, Section 1) is amended to read:
Effective September 12, 2026.
= = 19 a l "24-7C-1.
LRB104 21615 BDA 37082 b A BILL FOR HB5764 LRB104 21615 BDA 37082 b AN ACT concerning health.
SHORT TITLE.--[Sections 1 through 8 of this i a e r 20 act] Chapter 24, Article 7C NMSA 1978 may be cited as the "End- a t m m 21 of-Life Options Act" or the "Elizabeth Whitefield End-of-Life d r e 22 Options Act"." c e s k 23 SECTION 2.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 24-7C-7 NMSA 1978 (being Laws 2021, e a n b 24 Chapter 132, Section 7) is amended to read:
Section 5.
u [ "24-7C-7.
The End-of-Life Options for Terminally Ill Patients Act is amended by changing Section 70 as follows:
IMMUNITIES--CONSCIENCE-BASED DECISIONS.-- .225340.1 A.
(410 ILCS 22/70) (This Section may contain text from a Public Act with a delayed effective date) Sec.
A person shall not be subject to criminal liability, licensing sanctions or other professional disciplinary action for:
70.
(1) participating [or refusing to participate] in medical aid in dying in good faith compliance with the provisions of the End-of-Life Options Act;
Immunities for actions in good faith;
[or] (2) being present when a qualified patient self-administers the prescribed medical aid in dying medication to end the qualified individual's life in accordance with the provisions of the End-of-Life Options Act;
prohibition against reprisals.
or (3) refusing, for reasons of conscience, to participate in medical aid in dying in any way, which includes refusing to provide information on medical aid in dying to a patient and refusing to refer a patient to any entity or individual who is able and willing to assist the patient in obtaining medical aid in dying.
(a) Except as set forth in Section 65, a health care professional or health care entity shall not be subject to civil or criminal liability, licensing sanctions, or other professional disciplinary action for actions taken in good faith compliance with this Act.
e t 17 B.
(b) If a health care professional or health care entity is unable or unwilling to carry out an individual's request for aid in dying, the professional or entity shall, at a minimum:
A health care entity, [professional organization w l n d 18 or association] health insurer, managed care organization or = = 19 a l health care provider shall not subject a person to censure, i a e r 20 discipline, suspension, loss or denial of license, credential, a t m m 21 privileges or membership or other penalty for participating, or d r e 22 refusing to participate, in the provision of medical aid in c e s k 23 dying in good faith compliance with the provisions of the End- e a n b 24 of-Life Options Act.
(1) inform the individual of the professional's or entity's inability or unwillingness;
u [ C.
(2) (blank);
No health care provider who objects for reasons .225340.1 - 2 - of conscience to participating in the provision of medical aid in dying shall be required to participate in the provision of medical aid in dying under any circumstance.
and refer the individual either to a health care professional who is able and willing to evaluate and qualify the individual or to another HB5764 - 2 - LRB104 21615 BDA 37082 b individual or entity to assist the requesting individual in seeking aid in dying, in accordance with the Health Care Right of Conscience Act;
If a health care provider is unable or unwilling to carry out an individual's request pursuant to the End-of-Life Options Act, that health care provider shall so inform the individual and refer the individual to a health care provider who is able and willing to carry out the individual's request or to another individual or entity to assist the requesting individual in seeking medical aid in dying.
and (3) note, in the medical record, the individual's date of request and health care professional's notice to the individual of the health care professional's unwillingness or inability to carry out the individual's request.
If the health care provider transfers the individual's care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the individual's relevant medical records to the new health care provider.
(c) Except as set forth in Section 65, a health care entity or licensing board shall not subject a health care professional to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for engaging in good faith compliance with this Act.
D.
(d) Except as set forth in Section 65, a health care professional, health care entity, or licensing board shall not subject a health care professional to discharge, demotion, censure, discipline, suspension, loss of license, loss of privileges, loss of membership, discrimination, or any other penalty for providing aid-in-dying care in accordance with the standard of care and in good faith under this Act when:
A health care entity shall not forbid or otherwise sanction a health care provider who provides medical e t 17 aid in dying in accordance with the End-of-Life Options Act off w l n d 18 the premises of the health care entity or when the health care = = 19 a l provider is not acting within the normal course and scope of i a e r 20 the health care provider's employment with the health care a t m m 21 entity.
(1) engaged in the outside practice of medicine and off of the objecting health care entity's premises;
d r e 22 E.
or (2) providing scientific and accurate information about aid-in-dying care to a patient when discussing end-of-life care options.
A health care entity may sanction a health care c e s k 23 provider for participating in medical aid in dying on the e a n b 24 premises of the prohibiting health care entity only if the u [ health care entity has given written notice to the health care .225340.1 - 3 - provider of the prohibiting entity's written policy forbidding participation in medical aid in dying and the health care provider participates in medical aid in dying:
(e) A physician is not subject to civil or criminal liability or professional discipline if, at the request of the HB5764 - 3 - LRB104 21615 BDA 37082 b qualified patient, the physician is present outside the scope of the physician's employment contract and off the entity's premises, when the qualified patient self-administers medication pursuant to this Act, or at the time of death.
(1) on the premises of the health care entity;
(f) A physician who is present at self-administration may, without civil or criminal liability, assist the qualified patient by preparing the medication prescribed pursuant to this Act.
or (2) within the course and scope of the health care provider's employment for the health care entity.
(g) A request by a patient for aid in dying does not alone constitute grounds for neglect or elder abuse for any purpose of law, nor shall it be the sole basis for appointment of a guardian.
F.
(h) This Section does not limit civil liability for intentional misconduct.
Nothing in this section shall be construed to prevent:
(Source:
(1) a health care provider from participating in medical aid in dying while the health care provider is acting outside the health care entity's premises or outside the course and scope of the health care provider's capacity as an employee;
P.A.
or (2) an individual who seeks medical aid in dying from contracting with the individual's prescribing health e t 17 care provider or consulting health care provider to act outside w l n d 18 the course and scope of the provider's affiliation with the = = 19 a l sanctioning health care entity.
104-441, eff.
i a e r 20 G.
9-12-26.) (410 ILCS 22/90 rep.) Section 10.
A health care entity that imposes sanctions on a a t m m 21 health care provider pursuant to the End-of-Life Options Act d r e 22 shall act reasonably, both substantively and procedurally, and c e s k 23 shall be neither arbitrary nor capricious in its imposition of e a n b 24 sanctions.
The End-of-Life Options for Terminally Ill Patients Act is amended by repealing Section 90.
u [ H.
Section 99.
Participating, or not participating, in medical .225340.1 - 4 - aid in dying shall not be the basis for a report of unprofessional conduct.
Effective date.
I.
This Act takes effect September 12, 2026.
A health care entity that prohibits medical aid in dying shall accurately and clearly articulate this in an appropriate location on any website maintained by the entity and in any appropriate materials given to patients to whom the health care entity provides health care in words to be determined by the health care entity." SECTION 3.
EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
- 5 - 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225340.1