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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; 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.
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
17		an additional end-of-life care option for terminally ill
18		individuals who seek to retain their autonomy and some
19		level of control over the progression of the disease as
20		they near the end of life or to ease unnecessary pain and
21		suffering.
22		(3) Illinoisans facing a terminal diagnosis have been
23		at the forefront of statewide efforts to provide the full

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1		range of end-of-life care options available in 10 states
2		and the District of Columbia, to qualified mentally
3		capable terminal adults residing in Illinois through the
4		addition of medical aid-in-dying care as an end-of-life
5		option in their home state. Advocates include:
6		(A) Deb Robertson, a lifelong Illinois resident
7		who has been living with a rare form of her terminal
8		illness, who wants to live but knows that she is going
9		to die, and who has been actively engaged in advocacy
10		to change Illinois law because she doesn't want to
11		move to another state in order to access the
12		end-of-life medical care that would bring her comfort
13		and reduce her fear related to the pain of dying.
14		(B) Andrew Flack, who could not move back to
15		Illinois to be with his family after his terminal
16		diagnosis and instead had to live hundreds of miles
17		away from his family, in a state that offered medical
18		aid-in-dying care, in order to have a painless death
19		surrounded by his loved ones.
20		(C) Miguel Carrasquillo, who despite enduring
21		excruciatingly painful treatments to cure his cancer,
22		which spread to his liver, stomach, testicles, and
23		other organs, continued to advocate for a change in
24		the law until his death, so other Illinoisans with a
25		terminal diagnosis would not be forced to suffer at
26		the end of their lives and die in pain as he did but

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1		would instead have the option of medical aid-in-dying
2		care.
3		(4) Illinoisans throughout the State, across
4		demographics, including religion, political affiliation,
5		race, gender, disability, and age, also support the
6		inclusion of medical aid-in-dying care in the options
7		available for end-of-life care. Supporters and advocates
8		recognize that mentally capable adult individuals have a
9		fundamental right to determine their own medical treatment
10		options in accordance with their own values, beliefs, or
11		personal preferences, and having the option of medical aid
12		in dying is an expression of this fundamental right. This
13		includes advocates, like Lowell Sachnoff, who, alongside
14		his wife Fay Clayton, was a tireless advocate for the
15		expansion of end-of-life options for terminally ill adults
16		over the course of a decade, up to and including the day he
17		died.
18		(b) It is the intent of the General Assembly to uphold both
19		the highest standard of medical care and the full range of
20		options for each individual, particularly at the end of life.
21		Section 10. Definitions. As used in this Act:
22		"Adult" means an individual 18 years of age or older.
23		"Advanced practice registered nurse" means an advanced
24		practice registered nurse licensed under the Nurse Practice
25		Act who is certified as a psychiatric mental health

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1		practitioner.
2		"Aid in dying" means an end-of-life care option that
3		allows a qualified patient to obtain a prescription for
4		medication pursuant to this Act.
5		"Attending physician" means the physician who has primary
6		responsibility for the care of the patient and treatment of
7		the patient's terminal disease.
8		"Clinical psychologist" means a psychologist licensed
9		under the Clinical Psychologist Licensing Act.
10		"Clinical social worker" means a person licensed under the
11		Clinical Social Work and Social Work Practice Act.
12		"Coercion or undue influence" means the willful attempt,
13		whether by deception, intimidation, or any other means to:
14		(1) cause a patient to request, obtain, or
15		self-administer medication pursuant to this Act with
16		intent to cause the death of the patient; or
17		(2) prevent a qualified patient, in a manner that
18		conflicts with the Health Care Right of Conscience Act,
19		from obtaining or self-administering medication pursuant
20		to this Act.
21		"Consulting physician" means a physician who is qualified
22		by specialty or experience to make a professional diagnosis
23		and prognosis regarding the patient's disease.
24		"Department" means the Department of Public Health.
25		"Health care entity" means a hospital or hospital
26		affiliate, nursing home, hospice or any other facility

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1		licensed under any of the following Acts: the Ambulatory
2		Surgical Treatment Center Act; the Home Health, Home Services,
3		and Home Nursing Agency Licensing Act; the Hospice Program
4		Licensing Act; the Hospital Licensing Act; the Nursing Home
5		Care Act; or the University of Illinois Hospital Act. "Health
6		care entity" does not include a physician.
7		"Health care professional" means a physician, pharmacist,
8		or licensed mental health professional.
9		"Informed decision" means a decision by a patient with
10		mental capacity and a terminal disease to request and obtain a
11		prescription for medication pursuant to this Act, that the
12		qualified patient may self-administer to bring about a
13		peaceful death, after being fully informed by the attending
14		physician and consulting physician of:
15		(1) the patient's diagnosis and prognosis;
16		(2) the potential risks and benefits associated with
17		taking the medication to be prescribed;
18		(3) the probable result of taking the medication to be
19		prescribed;
20		(4) the feasible end-of-life care and treatment
21		options for the patient's terminal disease, including, but
22		not limited to, comfort care, palliative care, hospice
23		care, and pain control, and the risks and benefits of
24		each;
25		(5) the patient's right to withdraw a request pursuant
26		this Act, or consent for any other treatment, at any time;

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1		and
2		(6) the patient's right to choose not to obtain the
3		drug or to choose to obtain the drug but not to ingest it.
4		"Licensed mental health care professional" means a
5		psychiatrist, clinical psychologist, clinical social worker,
6		or advanced practice registered nurse.
7		"Mental capacity" means that, in the opinion of the
8		attending physician or the consulting physician or, if the
9		opinion of a licensed mental health care professional is
10		required under Section 45, the licensed mental health care
11		professional, the patient requesting medication pursuant to
12		this Act has the ability to make and communicate an informed
13		decision.
14		"Oral request" means an affirmative statement that
15		demonstrates a contemporaneous affirmatively stated desire by
16		the patient seeking aid in dying.
17		"Pharmacist" means an individual licensed to engage in the
18		practice of pharmacy under the Pharmacy Practice Act.
19		"Physician" means a person licensed to practice medicine
20		in all of its branches under the Medical Practice Act of 1987.
21		"Psychiatrist" means a physician who has successfully
22		completed a residency program in psychiatry accredited by
23		either the Accreditation Council for Graduate Medical
24		Education or the American Osteopathic Association.
25		"Qualified patient" means an adult Illinois resident with
26		the mental capacity to make medical decisions who has

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1		satisfied the requirements of this Act in order to obtain a
2		prescription for medication to bring about a peaceful death.
3		No person will be considered a "qualified patient" under this
4		Act solely because of advanced age, disability, or a mental
5		health condition, including depression.
6		"Self-administer" means an affirmative, conscious,
7		voluntary action, performed by a qualified patient, to ingest
8		medication prescribed pursuant to this Act to bring about the
9		patient's peaceful death. "Self-administer" does not include
10		administration by parenteral injection or infusion.
11		"Terminal disease" means an incurable and irreversible
12		disease that will, within reasonable medical judgment, result
13		in death within 6 months. The existence of a terminal disease,
14		as determined after in-person examination by the patient's
15		physician and concurrence by another physician, shall be
16		documented in writing in the patient's medical record. A
17		diagnosis of a major depressive disorder, as defined in the
18		current edition of the Diagnostic and Statistical Manual of
19		Mental Disorders, alone does not qualify as a terminal
20		disease.
21		Section 15. Informed consent.
22		(a) Nothing in this Act may be construed to limit the
23		amount of information provided to a patient to ensure the
24		patient can make a fully informed health care decision.
25		(b) An attending physician must provide sufficient

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1		information to a patient regarding all appropriate end-of-life
2		care options, including comfort care, hospice care, palliative
3		care, and pain control, as well as the foreseeable risks and
4		benefits of each, so that the patient can make a voluntary and
5		affirmative decision regarding the patient's end-of-life care.
6		(c) If a patient makes a request for the patient's medical
7		records to be transmitted to an alternative physician, the
8		patient's medical records shall be transmitted without undue
9		delay.
10		Section 20. Standard of care. Nothing contained in this
11		Act shall be interpreted to lower the applicable standard of
12		care for the health care professionals participating under
13		this Act.
14		Section 25. Qualification.
15		(a) A qualified patient with a terminal disease may
16		request a prescription for medication under this Act in the
17		following manner:
18		(1) The qualified patient may orally request a
19		prescription for medication under this Act from the
20		patient's attending physician.
21		(2) The oral request from the qualified patient shall
22		be documented by the attending physician.
23		(3) The qualified patient shall provide a written
24		request in accordance with this Act to the patient's

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1		attending physician after making the initial oral request.
2		(4) The qualified patient shall repeat the oral
3		request to the patient's attending physician no less than
4		5 days after making the initial oral request.
5		(b) The attending and consulting physicians of a qualified
6		patient shall have met all the requirements of Sections 35 and
7		40.
8		(c) Notwithstanding subsection (a), if the individual's
9		attending physician has medically determined that the
10		individual will, within reasonable medical judgment, die
11		within 5 days after making the initial oral request under this
12		Section, the individual may satisfy the requirements of this
13		Section by providing a written request and reiterating the
14		oral request to the attending physician at any time after
15		making the initial oral request.
16		(d) At the time the patient makes the second oral request,
17		the attending physician shall offer the patient an opportunity
18		to rescind the request.
19		(e) Oral and written requests for aid in dying may be made
20		only by the patient and shall not be made by the patient's
21		surrogate decision-maker, health care proxy, health care
22		agent, attorney-in-fact for health care, guardian, nor via
23		advance health care directive.
24		(f) If a requesting patient decides to transfer care to an
25		alternative physician, the records custodian shall, upon
26		written request, transmit, without undue delay, the patient's

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1		medical records, including written documentation of the dates
2		of the patient's requests concerning aid in dying.
3		(g) A transfer of care or medical records does not toll or
4		restart any waiting period.
5		Section 30. Form of written request.
6		(a) A written request for medication under this Act shall
7		be in substantially the form under subsection (e), signed and
8		dated by the requesting patient, and witnessed in the presence
9		of the patient by at least 2 witnesses who attest that to the
10		best of their knowledge and belief the patient has mental
11		capacity, is acting voluntarily, and is not being coerced or
12		unduly influenced to sign the request.
13		(b) One of the witnesses required under this Section must
14		be a person who is not:
15		(1) a relative of the patient by blood, marriage,
16		civil union, registered domestic partnership, or adoption;
17		(2) a person who, at the time the request is signed,
18		would be entitled to any portion of the estate of the
19		qualified patient upon death, under any will or by
20		operation of law; or
21		(3) an owner, operator, or employee of a health care
22		entity where the qualified patient is receiving medical
23		treatment or is a resident.
24		(c) The patient's attending physician at the time the
25		request is signed shall not be a witness.

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1		(d) If a person uses an interpreter, the interpreter shall
2		not be a witness.
3		(e) The written request for medication under this Act
4		shall be substantially as follows:
5		"Request for Medication to End My Life in a Peaceful Manner
6		I, ............... (NAME OF PATIENT), am an adult of sound
7		mind, and a resident of Illinois. I have been diagnosed with
8		............... (NAME OF CONDITION) and given a terminal
9		disease prognosis of 6 months or less to live by my attending
10		physician.
11		I affirm that my terminal disease diagnosis was given or
12		confirmed during at least one in-person visit to a health care
13		professional.
14		I have been fully informed of the feasible alternatives
15		and concurrent or additional treatment opportunities for my
16		terminal disease, including, but not limited to, comfort care,
17		palliative care, hospice care, or pain control, as well as the
18		potential risks and benefits of each. I have been offered,
19		have received, or have been offered and received resources or
20		referrals to pursue these alternatives and concurrent or
21		additional treatment opportunities for my terminal disease.
22		I have been fully informed of the nature of the medication
23		to be prescribed, including the risks and benefits, and I
24		understand that the likely outcome of self-administering the

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1		medication is death.
2		I understand that I can rescind this request at any time,
3		that I am under no obligation to fill the prescription once
4		written, and that I have no duty to self-administer the
5		medication if I obtain it.
6		I request that my attending physician furnish a
7		prescription for medication that will end my life if I choose
8		to self-administer it, and I authorize my attending physician
9		to transmit the prescription to a pharmacist to dispense the
10		medication at a time of my choosing.
11		I make this request voluntarily, free from coercion or
12		undue influence.
13		Dated: ................
14		Signed..............................................
15		(patient)
16		Dated: ................
17		Signed...........................................
18		(witness #1)
19		Dated: ................
20		Signed..........................................
21		(witness #2)"
22		(f) The interpreter attachment for a written request for
23		medication under this Act shall be substantially as follows:
24		"Request for Medication to End My Life in a Peaceful Manner

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1		Interpreter Attachment
2		I, ............... (NAME OF INTERPRETER), am fluent in
3		English and ............... (LANGUAGE OF PATIENT, INCLUDING
4		SIGN LANGUAGE).
5		On ....... (DATE) at approximately ....... (TIME), I read
6		the "Request for Medication to End My Life in a Peaceful
7		Manner" form to ............... (NAME OF PATIENT) in
8		............... (LANGUAGE OF PATIENT, INCLUDING SIGN
9		LANGUAGE).
10		............... (NAME OF PATIENT) affirmed to me that they
11		understand the content of this form, that they desire to sign
12		this form under their own power and volition, and that they
13		requested to sign the form after consultations with an
14		attending physician.
15		Under penalty of perjury, I declare that I am fluent in
16		English and ............... (LANGUAGE OF PATIENT, INCLUDING
17		SIGN LANGUAGE) and that the contents of this form, to the best
18		of my knowledge, are true and correct. Executed at
19		.................................. (NAME OF CITY, COUNTY, AND
20		STATE) on ....... (DATE).
21		Interpreter's signature: ....................................
22		Interpreter's printed name: .................................
23		Interpreter's address: ......................................".
24		Section 35. Attending physician responsibilities.

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1		(a) Following the request of a patient for aid in dying,
2		the attending physician shall conduct an evaluation of the
3		patient and:
4		(1) determine whether the patient has a terminal
5		disease or has been diagnosed as having a terminal
6		disease;
7		(2) determine whether a patient has mental capacity;
8		(3) confirm that the patient's request does not arise
9		from coercion or undue influence;
10		(4) inform the patient of:
11		(A) the diagnosis;
12		(B) the prognosis;
13		(C) the potential risks, benefits, and probable
14		result of self-administering the prescribed medication
15		to bring about a peaceful death;
16		(D) the potential benefits and risks of feasible
17		alternatives, including, but not limited to,
18		concurrent or additional treatment options for the
19		patient's terminal disease, comfort care, palliative
20		care, hospice care, and pain control; and
21		(E) the patient's right to rescind the request for
22		medication pursuant to this Act at any time;
23		(5) inform the patient that there is no obligation to
24		fill the prescription nor an obligation to self-administer
25		the medication, if it is obtained;
26		(6) provide the patient with a referral for comfort

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1		care, palliative care, hospice care, pain control, or
2		other end-of-life treatment options as requested by the
3		patient and as clinically indicated;
4		(7) refer the patient to a consulting physician for
5		medical confirmation that the patient requesting
6		medication pursuant to this Act:
7		(A) has a terminal disease with a prognosis of 6
8		months or less to live; and
9		(B) has mental capacity.
10		(8) include the consulting physician's written
11		determination in the patient's medical record;
12		(9) refer the patient to a licensed mental health
13		professional in accordance with Section 45 if the
14		attending physician observes signs that the individual may
15		not be capable of making an informed decision;
16		(10) include the licensed mental health professional's
17		written determination in the patient's medical record, if
18		such determination was requested;
19		(11) inform the patient of the benefits of notifying
20		the next of kin of the patient's decision to request
21		medication pursuant to this Act;
22		(12) fulfill the medical record documentation
23		requirements;
24		(13) ensure that all steps are carried out in
25		accordance with this Act before providing a prescription
26		to a qualified patient for medication pursuant to this Act

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1		including:
2		(A) confirming that the patient has made an
3		informed decision to obtain a prescription for
4		medication;
5		(B) offering the patient an opportunity to rescind
6		the request for medication; and
7		(C) providing information to the patient on:
8		(i) the recommended procedure for
9		self-administering the medication to be
10		prescribed;
11		(ii) the safekeeping and proper disposal of
12		unused medication in accordance with State and
13		federal law;
14		(iii) the importance of having another person
15		present when the patient self-administers the
16		medication to be prescribed; and
17		(iv) not taking the aid-in-dying medication in
18		a public place;
19		(14) deliver, in accordance with State and federal
20		law, the prescription personally, by mail, or through an
21		authorized electronic transmission to a licensed
22		pharmacist who will dispense the medication, including any
23		ancillary medications, to the qualified patient, or to a
24		person expressly designated by the qualified patient in
25		person or with a signature required on delivery, by mail
26		service, or by messenger service;

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1		(15) if authorized by the Drug Enforcement
2		Administration, dispense the prescribed medication,
3		including any ancillary medications, to the qualified
4		patient or a person designated by the qualified patient;
5		and
6		(16) include, in the qualified patient's medical
7		record, the patient's diagnosis and prognosis,
8		determination of mental capacity, the date of each oral
9		request, a copy of the written request, a notation that
10		the requirements under this Section have been completed,
11		and an identification of the medication and ancillary
12		medications prescribed to the qualified patient pursuant
13		to this Act.
14		(b) Notwithstanding any other provision of law, the
15		attending physician may sign the patient's death certificate.
16		Section 40. Consulting physician responsibilities. A
17		consulting physician shall:
18		(1) conduct an evaluation of the patient and review
19		the patient's relevant medical records, including the
20		evaluation pursuant to Section 45, if such evaluation was
21		necessary;
22		(2) confirm in writing to the attending physician that
23		the patient:
24		(A) has requested a prescription for aid-in-dying
25		medication;

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1		(B) has a documented terminal disease;
2		(C) has mental capacity or has provided
3		documentation that the consulting health care
4		professional has referred the individual for further
5		evaluation in accordance with Section 45; and
6		(D) is acting voluntarily, free from coercion or
7		undue influence.
8		Section 45. Referral for determination that the requesting
9		patient has mental capacity.
10		(a) If either the attending physician or the consulting
11		physician has doubts whether the individual has mental
12		capacity and if either one is unable to confirm that the
13		individual is capable of making an informed decision, the
14		attending physician or consulting physician shall refer the
15		patient to a licensed mental health professional for
16		determination regarding mental capability.
17		(b) The licensed mental health professional shall
18		additionally determine whether the patient is suffering from a
19		psychiatric or psychological disorder causing impaired
20		judgment.
21		(c) The licensed mental health professional who evaluates
22		the patient under this Section shall submit to the requesting
23		attending or consulting physician a written determination of
24		whether the patient has mental capacity.
25		(d) If the licensed mental health professional determines

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1		that the patient does not have mental capacity, or is
2		suffering from a psychiatric or psychological disorder causing
3		impaired judgment, the patient shall not be deemed a qualified
4		patient and the attending physician shall not prescribe
5		medication to the patient under this Act.
6		Section 50. Residency requirement.
7		(a) Only requests made by Illinois residents may be
8		granted under this Act.
9		(b) A patient is able to establish residency through any
10		one or more of the following means:
11		(1) possession of a driver's license or other
12		identification issued by the Secretary of State or State
13		of Illinois;
14		(2) registration to vote in Illinois;
15		(3) evidence that the person owns, rents, or leases
16		property in Illinois;
17		(4) the location of any dwelling occupied by the
18		person;
19		(5) the place where any motor vehicle owned by the
20		person is registered;
21		(6) the residence address, not a post office box,
22		shown on an income tax return filed for the year preceding
23		the year in which the person initially makes an oral
24		request under this Act;
25		(7) the residence address, not a post office box, at

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1		which the person's mail is received;
2		(8) the residence address, not a post office box,
3		shown on any unexpired resident hunting or fishing or
4		other licenses held by the person;
5		(9) the receipt of any public benefit conditioned upon
6		residency; or
7		(10) any other objective facts tending to indicate a
8		person's place of residence is in Illinois.
9		Section 55. Safe disposal of unused medications. A person
10		who has custody or control of medication prescribed pursuant
11		to this Act after the qualified patient's death shall dispose
12		of the medication by delivering it to the nearest qualified
13		facility that properly disposes of controlled substances or,
14		if none is available, by lawful means in accordance with
15		applicable State and federal guidelines.
16		Section 60. Health care professional protections; no duty
17		to provide aid in dying.
18		(a) A health care professional shall not be under any
19		duty, by law or contract, to participate in the provision of
20		aid-in-dying care to a patient as set forth in this Act.
21		(b) A health care professional shall not be subject to
22		civil or criminal liability for participating or refusing to
23		participate in the provision of aid-in-dying care to a patient
24		in good faith compliance with this Act.

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1		(c) Except as set forth in Section 65, a health care entity
2		or licensing board shall not subject a health care
3		professional to censure, discipline, suspension, loss of
4		license, loss of privileges, loss of membership, or other
5		penalty for participating or refusing to participate in
6		accordance with this Act.
7		(d) A health care professional may choose not to engage in
8		aid-in-dying care.
9		(e) Only willing health care professionals shall provide
10		aid-in-dying care in accordance with this Act. If a health
11		care professional is unable or unwilling to carry out a
12		patient's request under this Act, and the patient transfers
13		the patient's care to a new health care professional, the
14		prior health care professional shall transmit, upon request, a
15		copy of the patient's relevant medical records to the new
16		health care professional without undue delay.
17		(f) A health care professional shall not engage in false,
18		misleading, or deceptive practices relating to a willingness
19		to qualify a patient or provide aid-in-dying care.
20		Intentionally misleading a patient constitutes coercion or
21		undue influence.
22		(g) The provisions of the Health Care Right of Conscience
23		Act apply to this Act and are incorporated by reference.
24		Section 65. Health care entity protections and permissible
25		prohibitions and duties.

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1		(a) A health care entity shall not be under any duty, by
2		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 entity shall not be subject to civil or
5		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) A health care entity may prohibit health care
9		professionals, staff, employees, or independent contractors,
10		from practicing aid-in-dying care while performing duties for
11		the entity. A prohibiting entity must provide advance notice
12		in writing to health care professionals and staff at the time
13		of hiring, contracting with, or privileging and on a yearly
14		basis thereafter. Such policies prohibiting aid-in-dying care
15		may include provisions for the health care entity to take
16		disciplinary action, including, but not limited to,
17		termination for those employees, independent contractors, and
18		staff who violate the health care entity's policies,
19		consistent with existing disciplinary policies.
20		(d) 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.
24		(e) No health care entity shall prohibit a health care
25		professional from:
26		(1) providing information to a patient regarding the

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1		patient's health status, including, but not limited to,
2		diagnosis, prognosis, recommended treatment and treatment
3		alternatives, and the risks and benefits of each;
4		(2) providing information regarding health care
5		services available pursuant to this Act, information about
6		relevant community resources, and how to access those
7		resources for obtaining care of the patient's choice;
8		(3) practicing aid-in-dying care outside the scope of
9		the health care professional's employment or contract with
10		the prohibiting entity and off the premises of the
11		prohibiting entity; provided, however, that in such event
12		the health care professional shall explicitly tell the
13		patient that such health care professional is providing
14		such services independently and not as a representative of
15		their associated health care entity; or
16		(4) being present, if outside the scope of the health
17		care professional's employment or contractual duties, when
18		a qualified patient self-administers medication prescribed
19		pursuant to this Act or at the time of death, if requested
20		by the qualified patient or their representative.
21		(f) A health care entity shall not engage in false,
22		misleading, or deceptive practices relating to its policy
23		around end-of-life care services, including whether it has a
24		policy that prohibits affiliated health care professionals
25		from practicing aid-in-dying care; or intentionally denying a
26		patient access to medication pursuant to this Act by

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1		intentionally failing to transfer a patient and the patient's
2		medical records to another health care professional in a
3		timely manner. Intentionally misleading a patient or deploying
4		misinformation to obstruct access to services pursuant to this
5		Act constitutes coercion or undue influence.
6		(g) The provisions of the Health Care Right of Conscience
7		Act apply to this Act and are incorporated by reference.
8		(h) If any part of this Section is found to be in conflict
9		with federal requirements which are a prescribed condition to
10		receipt of federal funds, the conflicting part of this Section
11		is inoperative solely to the extent of the conflict with
12		respect to the entity directly affected, and such finding or
13		determination shall not affect the operation of the remainder
14		of the Section or this Act.
15		Section 70. Immunities for actions in good faith;
16		prohibition against reprisals.
17		(a) Except as set forth in Section 65, a health care
18		professional or health care entity shall not be subject to
19		civil or criminal liability, licensing sanctions, or other
20		professional disciplinary action for actions taken in good
21		faith compliance with this Act.
22		(b) If a health care professional or health care entity is
23		unable or unwilling to carry out an individual's request for
24		aid in dying, the professional or entity shall, at a minimum:
25		(1) inform the individual of the professional's or

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1		entity's inability or unwillingness;
2		(2) refer the individual either to a health care
3		professional who is able and willing to evaluate and
4		qualify the individual or to another individual or entity
5		to assist the requesting individual in seeking aid in
6		dying, in accordance with the Health Care Right of
7		Conscience Act; and
8		(3) note, in the medical record, the individual's date
9		of request and health care professional's notice to the
10		individual of the health care professional's unwillingness
11		or inability to carry out the individual's request.
12		(c) Except as set forth in Section 65, a health care entity
13		or licensing board shall not subject a health care
14		professional to censure, discipline, suspension, loss of
15		license, loss of privileges, loss of membership, or other
16		penalty for engaging in good faith compliance with this Act.
17		(d) Except as set forth in Section 65, a health care
18		professional, health care entity, or licensing board shall not
19		subject a health care professional to discharge, demotion,
20		censure, discipline, suspension, loss of license, loss of
21		privileges, loss of membership, discrimination, or any other
22		penalty for providing aid-in-dying care in accordance with the
23		standard of care and in good faith under this Act when:
24		(1) engaged in the outside practice of medicine and
25		off of the objecting health care entity's premises; or
26		(2) providing scientific and accurate information

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1		about aid-in-dying care to a patient when discussing
2		end-of-life care options.
3		(e) A physician is not subject to civil or criminal
4		liability or professional discipline if, at the request of the
5		qualified patient, the physician is present outside the scope
6		of the physician's employment contract and off the entity's
7		premises, when the qualified patient self-administers
8		medication pursuant to this Act, or at the time of death.
9		(f) A physician who is present at self-administration may,
10		without civil or criminal liability, assist the qualified
11		patient by preparing the medication prescribed pursuant to
12		this Act.
13		(g) A request by a patient for aid in dying does not alone
14		constitute grounds for neglect or elder abuse for any purpose
15		of law, nor shall it be the sole basis for appointment of a
16		guardian.
17		(h) This Section does not limit civil liability for
18		intentional misconduct.
19		Section 75. Reporting requirements.
20		(a) Within 45 days after the effective date of this Act,
21		the Department shall create and post to its website an
22		Attending Physician Checklist Form and Attending Physician
23		Follow-Up Form to facilitate collection of the information
24		described in this Section. Failure to create or post the
25		Attending Physician Checklist Form, the Attending Physician

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1		Follow-Up Form, or both shall not suspend the effective date
2		of this Act.
3		(b) Within 30 calendar days of providing a prescription
4		for medication pursuant to this Act, the attending physician
5		shall submit to the Department an Attending Physician
6		Checklist Form with the following information:
7		(1) the qualifying patient's name and date of birth;
8		(2) the qualifying patient's terminal diagnosis and
9		prognosis;
10		(3) notice that the requirements under this Act were
11		completed; and
12		(4) notice that medication has been prescribed
13		pursuant to this Act.
14		(c) Within 60 calendar days of notification of a qualified
15		patient's death from self-administration of medication
16		prescribed pursuant to this Act, the attending physician shall
17		submit to the Department, an Attending Physician Follow-Up
18		Form with the following information:
19		(1) the qualified patient's name and date of birth;
20		(2) the date of the qualified patient's death; and
21		(3) a notation of whether the qualified patient was
22		enrolled in hospice services at the time of the qualified
23		patient's death.
24		(d) The information collected shall be confidential and
25		shall be collected in a manner that protects the privacy of the
26		patient, the patient's family, and any health care

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1		professional involved with the patient under the provisions of
2		this Act. The information shall be privileged and strictly
3		confidential, and shall not be disclosed, discoverable, or
4		compelled to be produced in any civil, criminal,
5		administrative, or other proceeding.
6		(e) One year after the effective date of this Act, and each
7		year thereafter, the Department shall create and post on its
8		website a public statistical report of nonidentifying
9		information. The report shall be limited to:
10		(1) the number of prescriptions for medication written
11		pursuant to this Act;
12		(2) the number of physicians who wrote prescriptions
13		for medication pursuant to this Act;
14		(3) the number of qualified patients who died
15		following self-administration of medication prescribed and
16		dispensed pursuant to this Act; and
17		(4) the number of people who died due to using an
18		aid-in-dying drug, with demographic percentages organized
19		by the following characteristics as aggregated and
20		de-identified data sets:
21		(A) age at death;
22		(B) education level;
23		(C) race;
24		(D) gender;
25		(E) type of insurance, including whether the
26		patient had insurance;

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1		(F) underlying illness; and
2		(G) enrollment in hospice.
3		(f) Except as otherwise required by law, the information
4		collected by the Department is not a public record, is not
5		available for public inspection, and is not available through
6		the Freedom of Information Act.
7		(g) Willful failure or refusal to timely submit records
8		required under this Act may result in disciplinary action.
9		Section 80. Effect on construction of wills, contracts,
10		and statutes.
11		(a) No provision in a contract, will, or other agreement,
12		whether written or oral, that would determine whether a
13		patient may make or rescind a request pursuant to this Act is
14		valid.
15		(b) No obligation owing under any contract that is in
16		effect on the effective date of this Act shall be conditioned
17		or affected by a patient's act of making or rescinding a
18		request pursuant to this Act.
19		(c) It is unlawful for an insurer to deny or alter health
20		care benefits otherwise available to a patient with a terminal
21		disease based on the availability of aid-in-dying care or
22		otherwise attempt to coerce a patient with a terminal disease
23		to make a request for aid-in-dying medication.
24		(d) Nothing in this Act prevents an insurer from
25		exercising any right to void a policy based on a material

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1		misrepresentation, as provided under Section 154 of the
2		Illinois Insurance Code, in an application for insurance.
3		Section 85. Insurance or annuity policies.
4		(a) The sale, procurement, or issuance of a life, health,
5		or accident insurance policy, annuity policy, or the rate
6		charged for a policy shall not be conditioned upon or affected
7		by a patient's act of making or rescinding a request for
8		medication pursuant to this Act.
9		(b) A qualified patient's act of self-administering
10		medication pursuant to this Act does not invalidate any part
11		of a life, health, or accident insurance, or annuity policy.
12		(c) An insurance plan, including medical assistance under
13		Article V of the Illinois Public Aid Code, shall not deny or
14		alter benefits to a patient with a terminal disease who is a
15		covered beneficiary of a health insurance plan, based on the
16		availability of aid-in-dying care, their request for
17		medication pursuant to this Act, or the absence of a request
18		for medication pursuant to this Act. Failure to meet this
19		requirement shall constitute a violation of the Illinois
20		Insurance Code.
21		(d) The Department of Insurance shall enforce the
22		provisions of this Act with respect to any life, health, or
23		accident insurance policy or annuity policy pursuant to the
24		enforcement powers granted to it by law. A violation of this
25		Act by any person or entity under the jurisdiction of the

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1		Department of Insurance shall be deemed a violation of the
2		relevant provisions of the Illinois Insurance Code under which
3		the person or entity is authorized to transact business in
4		this State.
5		(e) For the purposes of this Act, "life, health, or
6		accident insurance policy or annuity policy" means any
7		insurance under Class 1(a), 1(b), or 2(a) of the Illinois
8		Insurance Code, a health care plan under the Health
9		Maintenance Organization Act, a limited health care plan under
10		the Limited Health Service Organization Act, a dental service
11		plan under the Dental Service Plans Act, or a voluntary health
12		services plan under the Voluntary Health Services Plan Act.
13		Section 90. Death certificate.
14		(a) Unless otherwise prohibited by law, the attending
15		physician may sign the death certificate of a qualified
16		patient who obtained and self-administered a prescription for
17		medication pursuant to this Act.
18		(b) When a death has occurred in accordance with this Act,
19		the death shall be attributed to the underlying terminal
20		disease.
21		(1) Death following self-administering medication
22		under this Act does not alone constitute grounds for
23		postmortem inquiry.
24		(2) Death in accordance with this Act shall not be
25		designated a suicide or homicide.

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1		(c) A qualified patient's act of self-administering
2		medication prescribed pursuant to this Act shall not be
3		indicated on the death certificate.
4		Section 95. Liabilities and penalties.
5		(a) Nothing in this Act limits civil or criminal liability
6		arising from:
7		(1) Intentionally or knowingly altering or forging a
8		patient's request for medication pursuant to this Act or
9		concealing or destroying a rescission of a request for
10		medication pursuant to this Act.
11		(2) Intentionally or knowingly coercing or exerting
12		undue influence on a patient with a terminal disease to
13		request medication pursuant to this Act or to request or
14		use or not use medication pursuant to this Act.
15		(3) Intentional misconduct by a health care
16		professional or health care entity.
17		(b) The penalties specified in this Act do not preclude
18		criminal penalties applicable under other laws for conduct
19		inconsistent with this Act.
20		(c) As used in this Section, "intentionally" and
21		"knowingly" have the meanings provided in Sections 4-4 and 4-5
22		of the Criminal Code of 2012.
23		Section 100. Construction.
24		(a) Nothing in this Act authorizes a physician or any

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1		other person, including the qualified patient, to end the
2		qualified patient's life by lethal injection, lethal infusion,
3		mercy killing, homicide, murder, manslaughter, euthanasia, or
4		any other criminal act.
5		(b) Actions taken in accordance with this Act do not, for
6		any purposes, constitute suicide, assisted suicide,
7		euthanasia, mercy killing, homicide, murder, manslaughter,
8		elder abuse or neglect, or any other civil or criminal
9		violation under the law.
10		Section 105. Rulemaking Authority. The Department of
11		Public Health and the Department of Veterans Affairs may adopt
12		rules for the implementation and administration of this Act.
13		Section 110. Severability. The provisions of this Act are
14		severable under Section 1.31 of the Statute on Statutes.
15		Section 200. The Freedom of Information Act is amended by
16		changing Section 7.5 as follows:
17		(5 ILCS 140/7.5)
18		Sec. 7.5. Statutory exemptions. To the extent provided for
19		by the statutes referenced below, the following shall be
20		exempt from inspection and copying:
21		(a) All information determined to be confidential
22		under Section 4002 of the Technology Advancement and

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1		Development Act.
2		(b) Library circulation and order records identifying
3		library users with specific materials under the Library
4		Records Confidentiality Act.
5		(c) Applications, related documents, and medical
6		records received by the Experimental Organ Transplantation
7		Procedures Board and any and all documents or other
8		records prepared by the Experimental Organ Transplantation
9		Procedures Board or its staff relating to applications it
10		has received.
11		(d) Information and records held by the Department of
12		Public Health and its authorized representatives relating
13		to known or suspected cases of sexually transmitted
14		infection or any information the disclosure of which is
15		restricted under the Illinois Sexually Transmitted
16		Infection Control Act.
17		(e) Information the disclosure of which is exempted
18		under Section 30 of the Radon Industry Licensing Act.
19		(f) Firm performance evaluations under Section 55 of
20		the Architectural, Engineering, and Land Surveying
21		Qualifications Based Selection Act.
22		(g) Information the disclosure of which is restricted
23		and exempted under Section 50 of the Illinois Prepaid
24		Tuition Act.
25		(h) Information the disclosure of which is exempted
26		under the State Officials and Employees Ethics Act, and

SB1950 Enrolled - 35 - LRB104 10803 BDA 20884 b
1		records of any lawfully created State or local inspector
2		general's office that would be exempt if created or
3		obtained by an Executive Inspector General's office under
4		that Act.
5		(i) Information contained in a local emergency energy
6		plan submitted to a municipality in accordance with a
7		local emergency energy plan ordinance that is adopted
8		under Section 11-21.5-5 of the Illinois Municipal Code.
9		(j) Information and data concerning the distribution
10		of surcharge moneys collected and remitted by carriers
11		under the Emergency Telephone System Act.
12		(k) Law enforcement officer identification information
13		or driver identification information compiled by a law
14		enforcement agency or the Department of Transportation
15		under Section 11-212 of the Illinois Vehicle Code.
16		(l) Records and information provided to a residential
17		health care facility resident sexual assault and death
18		review team or the Executive Council under the Abuse
19		Prevention Review Team Act.
20		(m) Information provided to the predatory lending
21		database created pursuant to Article 3 of the Residential
22		Real Property Disclosure Act, except to the extent
23		authorized under that Article.
24		(n) Defense budgets and petitions for certification of
25		compensation and expenses for court appointed trial
26		counsel as provided under Sections 10 and 15 of the

SB1950 Enrolled - 36 - LRB104 10803 BDA 20884 b
1		Capital Crimes Litigation Act (repealed). This subsection
2		(n) shall apply until the conclusion of the trial of the
3		case, even if the prosecution chooses not to pursue the
4		death penalty prior to trial or sentencing.
5		(o) Information that is prohibited from being
6		disclosed under Section 4 of the Illinois Health and
7		Hazardous Substances Registry Act.
8		(p) Security portions of system safety program plans,
9		investigation reports, surveys, schedules, lists, data, or
10		information compiled, collected, or prepared by or for the
11		Department of Transportation under Sections 2705-300 and
12		2705-616 of the Department of Transportation Law of the
13		Civil Administrative Code of Illinois, the Regional
14		Transportation Authority under Section 2.11 of the
15		Regional Transportation Authority Act, or the St. Clair
16		County Transit District under the Bi-State Transit Safety
17		Act (repealed).
18		(q) Information prohibited from being disclosed by the
19		Personnel Record Review Act.
20		(r) Information prohibited from being disclosed by the
21		Illinois School Student Records Act.
22		(s) Information the disclosure of which is restricted
23		under Section 5-108 of the Public Utilities Act.
24		(t) (Blank).
25		(u) Records and information provided to an independent
26		team of experts under the Developmental Disability and

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1		Mental Health Safety Act (also known as Brian's Law).
2		(v) Names and information of people who have applied
3		for or received Firearm Owner's Identification Cards under
4		the Firearm Owners Identification Card Act or applied for
5		or received a concealed carry license under the Firearm
6		Concealed Carry Act, unless otherwise authorized by the
7		Firearm Concealed Carry Act; and databases under the
8		Firearm Concealed Carry Act, records of the Concealed
9		Carry Licensing Review Board under the Firearm Concealed
10		Carry Act, and law enforcement agency objections under the
11		Firearm Concealed Carry Act.
12		(v-5) Records of the Firearm Owner's Identification
13		Card Review Board that are exempted from disclosure under
14		Section 10 of the Firearm Owners Identification Card Act.
15		(w) Personally identifiable information which is
16		exempted from disclosure under subsection (g) of Section
17		19.1 of the Toll Highway Act.
18		(x) Information which is exempted from disclosure
19		under Section 5-1014.3 of the Counties Code or Section
20		8-11-21 of the Illinois Municipal Code.
21		(y) Confidential information under the Adult
22		Protective Services Act and its predecessor enabling
23		statute, the Elder Abuse and Neglect Act, including
24		information about the identity and administrative finding
25		against any caregiver of a verified and substantiated
26		decision of abuse, neglect, or financial exploitation of

SB1950 Enrolled - 38 - LRB104 10803 BDA 20884 b
1		an eligible adult maintained in the Registry established
2		under Section 7.5 of the Adult Protective Services Act.
3		(z) Records and information provided to a fatality
4		review team or the Illinois Fatality Review Team Advisory
5		Council under Section 15 of the Adult Protective Services
6		Act.
7		(aa) Information which is exempted from disclosure
8		under Section 2.37 of the Wildlife Code.
9		(bb) Information which is or was prohibited from
10		disclosure by the Juvenile Court Act of 1987.
11		(cc) Recordings made under the Law Enforcement
12		Officer-Worn Body Camera Act, except to the extent
13		authorized under that Act.
14		(dd) Information that is prohibited from being
15		disclosed under Section 45 of the Condominium and Common
16		Interest Community Ombudsperson Act.
17		(ee) Information that is exempted from disclosure
18		under Section 30.1 of the Pharmacy Practice Act.
19		(ff) Information that is exempted from disclosure
20		under the Revised Uniform Unclaimed Property Act.
21		(gg) Information that is prohibited from being
22		disclosed under Section 7-603.5 of the Illinois Vehicle
23		Code.
24		(hh) Records that are exempt from disclosure under
25		Section 1A-16.7 of the Election Code.
26		(ii) Information which is exempted from disclosure

SB1950 Enrolled - 39 - LRB104 10803 BDA 20884 b
1		under Section 2505-800 of the Department of Revenue Law of
2		the Civil Administrative Code of Illinois.
3		(jj) Information and reports that are required to be
4		submitted to the Department of Labor by registering day
5		and temporary labor service agencies but are exempt from
6		disclosure under subsection (a-1) of Section 45 of the Day
7		and Temporary Labor Services Act.
8		(kk) Information prohibited from disclosure under the
9		Seizure and Forfeiture Reporting Act.
10		(ll) Information the disclosure of which is restricted
11		and exempted under Section 5-30.8 of the Illinois Public
12		Aid Code.
13		(mm) Records that are exempt from disclosure under
14		Section 4.2 of the Crime Victims Compensation Act.
15		(nn) Information that is exempt from disclosure under
16		Section 70 of the Higher Education Student Assistance Act.
17		(oo) Communications, notes, records, and reports
18		arising out of a peer support counseling session
19		prohibited from disclosure under the First Responders
20		Suicide Prevention Act.
21		(pp) Names and all identifying information relating to
22		an employee of an emergency services provider or law
23		enforcement agency under the First Responders Suicide
24		Prevention Act.
25		(qq) Information and records held by the Department of
26		Public Health and its authorized representatives collected

SB1950 Enrolled - 40 - LRB104 10803 BDA 20884 b
1		under the Reproductive Health Act.
2		(rr) Information that is exempt from disclosure under
3		the Cannabis Regulation and Tax Act.
4		(ss) Data reported by an employer to the Department of
5		Human Rights pursuant to Section 2-108 of the Illinois
6		Human Rights Act.
7		(tt) Recordings made under the Children's Advocacy
8		Center Act, except to the extent authorized under that
9		Act.
10		(uu) Information that is exempt from disclosure under
11		Section 50 of the Sexual Assault Evidence Submission Act.
12		(vv) Information that is exempt from disclosure under
13		subsections (f) and (j) of Section 5-36 of the Illinois
14		Public Aid Code.
15		(ww) Information that is exempt from disclosure under
16		Section 16.8 of the State Treasurer Act.
17		(xx) Information that is exempt from disclosure or
18		information that shall not be made public under the
19		Illinois Insurance Code.
20		(yy) Information prohibited from being disclosed under
21		the Illinois Educational Labor Relations Act.
22		(zz) Information prohibited from being disclosed under
23		the Illinois Public Labor Relations Act.
24		(aaa) Information prohibited from being disclosed
25		under Section 1-167 of the Illinois Pension Code.
26		(bbb) Information that is prohibited from disclosure

SB1950 Enrolled - 41 - LRB104 10803 BDA 20884 b
1		by the Illinois Police Training Act and the Illinois State
2		Police Act.
3		(ccc) Records exempt from disclosure under Section
4		2605-304 of the Illinois State Police Law of the Civil
5		Administrative Code of Illinois.
6		(ddd) Information prohibited from being disclosed
7		under Section 35 of the Address Confidentiality for
8		Victims of Domestic Violence, Sexual Assault, Human
9		Trafficking, or Stalking Act.
10		(eee) Information prohibited from being disclosed
11		under subsection (b) of Section 75 of the Domestic
12		Violence Fatality Review Act.
13		(fff) Images from cameras under the Expressway Camera
14		Act. This subsection (fff) is inoperative on and after
15		July 1, 2025.
16		(ggg) Information prohibited from disclosure under
17		paragraph (3) of subsection (a) of Section 14 of the Nurse
18		Agency Licensing Act.
19		(hhh) Information submitted to the Illinois State
20		Police in an affidavit or application for an assault
21		weapon endorsement, assault weapon attachment endorsement,
22		.50 caliber rifle endorsement, or .50 caliber cartridge
23		endorsement under the Firearm Owners Identification Card
24		Act.
25		(iii) Data exempt from disclosure under Section 50 of
26		the School Safety Drill Act.

SB1950 Enrolled - 42 - LRB104 10803 BDA 20884 b
1		(jjj) Information exempt from disclosure under Section
2		30 of the Insurance Data Security Law.
3		(kkk) Confidential business information prohibited
4		from disclosure under Section 45 of the Paint Stewardship
5		Act.
6		(lll) Data exempt from disclosure under Section
7		2-3.196 of the School Code.
8		(mmm) Information prohibited from being disclosed
9		under subsection (e) of Section 1-129 of the Illinois
10		Power Agency Act.
11		(nnn) Materials received by the Department of Commerce
12		and Economic Opportunity that are confidential under the
13		Music and Musicians Tax Credit and Jobs Act.
14		(ooo) Data or information provided pursuant to Section
15		20 of the Statewide Recycling Needs and Assessment Act.
16		(ppp) Information that is exempt from disclosure under
17		Section 28-11 of the Lawful Health Care Activity Act.
18		(qqq) Information that is exempt from disclosure under
19		Section 7-101 of the Illinois Human Rights Act.
20		(rrr) Information prohibited from being disclosed
21		under Section 4-2 of the Uniform Money Transmission
22		Modernization Act.
23		(sss) Information exempt from disclosure under Section
24		40 of the Student-Athlete Endorsement Rights Act.
25		(ttt) Audio recordings made under Section 30 of the
26		Illinois State Police Act, except to the extent authorized

SB1950 Enrolled - 43 - LRB104 10803 BDA 20884 b
1		under that Section.
2		(uuu) Information exempt from disclosure under Section
3		70 of the End-of-Life Options for Terminally Ill Patients
4		Act.
5		(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
6		102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
7		8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
8		102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
9		6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
10		eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
11		103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
12		7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
13		eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
14		103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.)
15		Section 999. Effective date. This Act takes effect 9
16		months after becoming law.