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Illinois General Assembly· SB 1411Governor Approved

HEALTH CARE SURROGATE-POLST, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB1411 Enrolled                     LRB104 07373 JRC 17413 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Living Will Act is amended by

5 changing Section 9 and by adding Sections 3.5 and 9.5 as

6 follows:

7   (755 ILCS 35/3.5 new)

8   Sec. 3.5. Applicability. Section 4-11 of the Illinois

9 Power of Attorney Act governs the applicability of this Act if

10 a patient has a health care agency. Notwithstanding Section

11 9.5 or any other provision in this Act, a declaration is not

12 operative as long as an agent is available who is authorized by

13 a health care agency to make decisions concerning

14 life-sustaining or death delaying procedures for the patient,

15 and nothing in this Act may impair or supersede the authority

16 of an agent under a health care agency to make decisions

17 regarding life-sustaining or death delaying treatment.

18  (755 ILCS 35/9) (from Ch. 110 1/2, par. 709)

19  Sec. 9. General provisions.

20  (a) The withholding or withdrawal of death delaying

21 procedures from a qualified patient in accordance with the

22 provisions of this Act shall not, for any purpose, constitute
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1 a suicide.

2   (b) The making of a declaration pursuant to Section 3

3 shall not affect in any manner the sale, procurement, or

4 issuance of any policy of life insurance, nor shall it be

5 deemed to modify the terms of an existing policy of life

6 insurance. No policy of life insurance shall be legally

7 impaired or invalidated in any manner by the withholding or

8 withdrawal of death delaying procedures from an insured

9 qualified patient, notwithstanding any term of the policy to

10 the contrary.

11  (c) No physician, health care facility, or other health

12 care provider, and no health care service plan, health

13 maintenance organization, insurer issuing disability

14 insurance, self-insured employee welfare benefit plan,

15 nonprofit medical service corporation or mutual nonprofit

16 hospital service corporation shall require any person to

17 execute a declaration as a condition for being insured for, or

18 receiving, health care services.

19  (d) Nothing in this Act shall impair or supersede any

20 legal right or legal responsibility which any person may have

21 to effect the withholding or withdrawal of death delaying

22 procedures in any lawful manner. In such respect the

23 provisions of this Act are cumulative.

24  (e) This Act shall create no presumption concerning the

25 intention of an individual who has not executed a declaration

26 to consent to the use or withholding of death delaying
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1 procedures in the event of a terminal condition.

2   (f) Nothing in this Act shall be construed to condone,

3 authorize or approve mercy killing or to permit any

4 affirmative or deliberate act or omission to end life other

5 than to permit the natural process of dying as provided in this

6 Act.

7   (g) An instrument executed before the effective date of

8 this Act that substantially complies with subsection (e) of

9 Section 3 shall be given effect pursuant to the provisions of

10 this Act.

11  (h) A declaration executed in another state in compliance

12 with the law of that state or this State is validly executed

13 for purposes of this Act, and such declaration shall be

14 applied in accordance with the provisions of this Act.

15  (i) Documents, writings, forms, and copies referred to in

16 this Act may be in hard copy or electronic format. Nothing in

17 this Act is intended to prevent the population of a

18 declaration, document, writing, or form with electronic data.

19 Electronic documents under this Act may be created, signed, or

20 revoked electronically using a generic, technology-neutral

21 system in which each user is assigned a unique identifier that

22 is securely maintained and in a manner that meets the

23 regulatory requirements for a digital or electronic signature.

24 Compliance with the standards defined in the Uniform

25 Electronic Transactions Act or the implementing rules of the

26 Hospital Licensing Act for medical record entry authentication
    SB1411 Enrolled        -4-           LRB104 07373 JRC 17413 b

1 for author validation of the documentation, content accuracy,

2 and completeness meets this standard.

3   (j) No physician, health care provider, employee, or

4 facility may require the execution of a POLST or other such

5 similar form to put into effect the qualified patient's

6 declaration if a patient has been determined to be a qualified

7 patient.

8   (k) Except as otherwise provided in this Act, a physician,

9 health care provider, employee, or facility may rely on and

10 must comply with a qualified patient's declaration that is

11 apparent and immediately available if a patient has been

12 determined to be a qualified patient and the patient lacks

13 ability to give directions regarding the use of death delaying

14 procedures.

15  (l) Nothing in this Act impairs or supersedes a surrogate

16 decision maker's authority to make decisions regarding

17 life-sustaining or death delaying treatment on behalf of a

18 patient who lacks decisional capacity and has a qualifying

19 condition as defined in the Health Care Surrogate Act.

20 (Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21.)

21  (755 ILCS 35/9.5 new)

22  Sec. 9.5. Operation of living will. Subject to Section 3.5

23 and Section 9(l), a declaration under this Act becomes

24 operative when all of the following conditions have been met:

25  (1) it has been validly executed;
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1       (2) it has not been revoked in accordance with Section

2  5;

3       (3) the patient is unable to give directions regarding

4  the use of life-sustaining or death delaying procedures;

5  and

6       (4) the patient is a qualified patient.

7  An operative and unrevoked living will declaration

8 continues in effect until revoked in accordance with this Act.
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