Bill Text: IL SB0009 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Creates the End-of-Life Options for Terminally Ill Patients Act. Authorizes a qualified patient with a terminal disease to request that a physician prescribe aid-in-dying medication that will allow the patient to end the patient's life in a peaceful manner. Contains provisions concerning: the procedures and forms to be used to request aid-in-dying medication; the responsibilities of attending and consulting physicians; the referral of patients for determinations of mental capacity; the residency of qualified patients; the safe disposal of unused medications; the obligations of health care entities; the immunities granted for actions taken in good faith reliance upon the Act; the reporting requirements of physicians; the effect of the Act on the construction of wills, contracts, and statutes; the effect of the Act on insurance policies and annuities; the procedures for the completion of death certificates; the liabilities and penalties provided by the Act; the construction of the Act; the definitions of terms used in the Act; and other matters. Effective 6 months after becoming law.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2025-01-22 - Assigned to Executive [SB0009 Detail]

Download: Illinois-2025-SB0009-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0009

Introduced 1/13/2025, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:
New Act

Creates the End-of-Life Options for Terminally Ill Patients Act. Authorizes a qualified patient with a terminal disease to request that a physician prescribe aid-in-dying medication that will allow the patient to end the patient's life in a peaceful manner. Contains provisions concerning: the procedures and forms to be used to request aid-in-dying medication; the responsibilities of attending and consulting physicians; the referral of patients for determinations of mental capacity; the residency of qualified patients; the safe disposal of unused medications; the obligations of health care entities; the immunities granted for actions taken in good faith reliance upon the Act; the reporting requirements of physicians; the effect of the Act on the construction of wills, contracts, and statutes; the effect of the Act on insurance policies and annuities; the procedures for the completion of death certificates; the liabilities and penalties provided by the Act; the construction of the Act; the definitions of terms used in the Act; and other matters. Effective 6 months after becoming law.
LRB104 06297 BDA 16332 b

A BILL FOR

SB0009LRB104 06297 BDA 16332 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5End-of-Life Options for Terminally Ill Patients Act.
6 Section 5. Definitions. As used in this Act:
7 "Adult" means an individual 18 years of age or older.
8 "Advanced practice registered nurse" means an advanced
9practice registered nurse licensed under the Nurse Practice
10Act who is certified as a psychiatric mental health
11practitioner.
12 "Aid in dying" means an end-of-life care option that
13allows a qualified patient to obtain a prescription for
14medication pursuant to this Act.
15 "Attending physician" means the physician who has primary
16responsibility for the care of the patient and treatment of
17the patient's terminal disease.
18 "Clinical psychologist" means a psychologist licensed
19under the Clinical Psychologist Licensing Act.
20 "Clinical social worker" means a person licensed under the
21Clinical Social Work and Social Work Practice Act.
22 "Coercion or undue influence" means the willful attempt,
23whether by deception, intimidation, or any other means to:

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1 (1) cause a patient to request, obtain, or
2 self-administer medication pursuant to this Act with
3 intent to cause the death of the patient; or
4 (2) prevent a qualified patient, in a manner that
5 conflicts with the Health Care Right of Conscience Act,
6 from obtaining or self-administering medication pursuant
7 to this Act.
8 "Consulting physician" means a physician who is qualified
9by specialty or experience to make a professional diagnosis
10and prognosis regarding the patient's disease.
11 "Department" means the Department of Public Health.
12 "Health care entity" means a hospital or hospital
13affiliate, nursing home, hospice or any other facility
14licensed under any of the following Acts: the Ambulatory
15Surgical Treatment Center Act; the Home Health, Home Services,
16and Home Nursing Agency Licensing Act; the Hospice Program
17Licensing Act; the Hospital Licensing Act; the Nursing Home
18Care Act; or the University of Illinois Hospital Act. "Health
19care entity" does not include a physician.
20 "Health care professional" means a physician, pharmacist,
21or licensed mental health professional.
22 "Informed decision" means a decision by a patient with
23mental capacity and a terminal disease to request and obtain a
24prescription for medication pursuant to this Act, that the
25qualified patient may self-administer to bring about a
26peaceful death, after being fully informed by the attending

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1physician and consulting physician of:
2 (1) the patient's diagnosis and prognosis;
3 (2) the potential risks and benefits associated with
4 taking the medication to be prescribed;
5 (3) the probable result of taking the medication to be
6 prescribed;
7 (4) the feasible end-of-life care and treatment
8 options for the patient's terminal disease, including, but
9 not limited to, comfort care, palliative care, hospice
10 care, and pain control, and the risks and benefits of
11 each;
12 (5) the patient's right to withdraw a request pursuant
13 this Act, or consent for any other treatment, at any time;
14 and
15 (6) the patient's right to choose not to obtain the
16 drug or to choose to obtain the drug but not to ingest it.
17 "Licensed mental health care professional" means a
18psychiatrist, clinical psychologist, clinical social worker,
19or advanced practice registered nurse.
20 "Mental capacity" means that, in the opinion of the
21attending physician or the consulting physician or, if the
22opinion of a licensed mental health care professional is
23required under Section 40, the licensed mental health care
24professional, the patient requesting medication pursuant to
25this Act has the ability to make and communicate an informed
26decision.

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1 "Oral request" means an affirmative statement that
2demonstrates a contemporaneous affirmatively stated desire by
3the patient seeking aid in dying.
4 "Pharmacist" means an individual licensed to engage in the
5practice of pharmacy under the Pharmacy Practice Act.
6 "Physician" means a person licensed to practice medicine
7in all of its branches under the Medical Practice Act of 1987.
8 "Psychiatrist" means a physician who has successfully
9completed a residency program in psychiatry accredited by
10either the Accreditation Council for Graduate Medical
11Education or the American Osteopathic Association.
12 "Qualified patient" means an adult Illinois resident with
13the mental capacity to make medical decisions who has
14satisfied the requirements of this Act in order to obtain a
15prescription for medication to bring about a peaceful death.
16No person will be considered a "qualified patient" under this
17Act solely because of advanced age, disability, or a mental
18health condition, including depression.
19 "Self-administer" means an affirmative, conscious,
20voluntary action, performed by a qualified patient, to ingest
21medication prescribed pursuant to this Act to bring about the
22patient's peaceful death. Self-administration does not include
23administration by parenteral injection or infusion.
24 "Terminal disease" means an incurable and irreversible
25disease that will, within reasonable medical judgment, result
26in death within 6 months. The existence of a terminal disease,

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1as determined after in-person examination by the patient's
2physician and concurrence by another physician, shall be
3documented in writing in the patient's medical record. A
4diagnosis of a major depressive disorder, as defined in the
5current edition of the Diagnostic and Statistical Manual of
6Mental Disorders, alone does not qualify as a terminal
7disease.
8 Section 10. Informed consent.
9 (a) Nothing in this Act may be construed to limit the
10amount of information provided to a patient to ensure the
11patient can make a fully informed health care decision.
12 (b) An attending physician must provide sufficient
13information to a patient regarding all appropriate end-of-life
14care options, including comfort care, hospice care, palliative
15care, and pain control, as well as the foreseeable risks and
16benefits of each, so that the patient can make a voluntary and
17affirmative decision regarding the patient's end-of-life care.
18 (c) If a patient makes a request for the patient's medical
19records to be transmitted to an alternative physician, the
20patient's medical records shall be transmitted without undue
21delay.
22 Section 15. Standard of care. Nothing contained in this
23Act shall be interpreted to lower the applicable standard of
24care for the health care professionals participating under

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1this Act.
2 Section 20. Qualification.
3 (a) A qualified patient with a terminal disease may
4request a prescription for medication under this Act in the
5following manner:
6 (1) The qualified patient may orally request a
7 prescription for medication under this Act from the
8 patient's attending physician.
9 (2) The oral request from the qualified patient shall
10 be documented by the attending physician.
11 (3) The qualified patient shall provide a written
12 request in accordance with this Act to the patient's
13 attending physician after making the initial oral request.
14 (4) The qualified patient shall repeat the oral
15 request to the patient's attending physician no less than
16 5 days after making the initial oral request.
17 (b) The attending and consulting physicians of a qualified
18patient shall have met all the requirements of Sections 30 and
1935.
20 (c) Notwithstanding subsection (a), if the individual's
21attending physician has medically determined that the
22individual will, within reasonable medical judgment, die
23within 5 days after making the initial oral request under this
24Section, the individual may satisfy the requirements of this
25Section by providing a written request and reiterating the

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1oral request to the attending physician at any time after
2making the initial oral request.
3 (d) At the time the patient makes the second oral request,
4the attending physician shall offer the patient an opportunity
5to rescind the request.
6 (e) Oral and written requests for aid in dying may be made
7only by the patient and shall not be made by the patient's
8surrogate decision-maker, health care proxy, health care
9agent, attorney-in-fact for health care, nor via advance
10health care directive.
11 (f) If a requesting patient decides to transfer care to an
12alternative physician, the records custodian shall, upon
13written request, transmit, without undue delay, the patient's
14medical records, including written documentation of the dates
15of the patient's requests concerning aid in dying.
16 (g) A transfer of care or medical records does not toll or
17restart any waiting period.
18 Section 25. Form of written request.
19 (a) A written request for medication under this Act shall
20be in substantially the form below, signed and dated by the
21requesting patient, and witnessed in the presence of the
22patient by at least 2 witnesses who attest that to the best of
23their knowledge and belief the patient has mental capacity, is
24acting voluntarily, and is not being coerced or unduly
25influenced to sign the request.

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1 (b) One of the witnesses required under this Section must
2be a person who is not:
3 (1) a relative of the patient by blood, marriage,
4 civil union, registered domestic partnership, or adoption;
5 (2) a person who, at the time the request is signed,
6 would be entitled to any portion of the estate of the
7 qualified patient upon death, under any will or by
8 operation of law; or
9 (3) an owner, operator, or employee of a health care
10 entity where the qualified patient is receiving medical
11 treatment or is a resident.
12 (c) The patient's attending physician at the time the
13request is signed shall not be a witness.
14 (d) If a person uses an interpreter, the interpreter shall
15not be a witness.
16 (e) The written request for medication under this Act
17shall be substantially as follows:
18
"Request for Medication to End My Life in a Peaceful Manner
19 I, ............... (NAME OF PATIENT), am an adult of sound
20mind, and a resident of Illinois. I have been diagnosed with
21............... (NAME OF CONDITION) and given a terminal
22disease prognosis of 6 months or less to live by my attending
23physician.
24 I affirm that my terminal disease diagnosis was given or

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1confirmed during at least one in-person visit to a health care
2professional.
3 I have been fully informed of the feasible alternatives
4and concurrent or additional treatment opportunities for my
5terminal disease, including, but not limited to, comfort care,
6palliative care, hospice care, or pain control, as well as the
7potential risks and benefits of each. I have been offered,
8have received, or have been offered and received resources or
9referrals to pursue these alternatives and concurrent or
10additional treatment opportunities for my terminal disease.
11 I have been fully informed of the nature of the medication
12to be prescribed, including the risks and benefits, and I
13understand that the likely outcome of self-administering the
14medication is death.
15 I understand that I can rescind this request at any time,
16that I am under no obligation to fill the prescription once
17written, and that I have no duty to self-administer the
18medication if I obtain it.
19 I request that my attending physician furnish a
20prescription for medication that will end my life if I choose
21to self-administer it, and I authorize my attending physician
22to transmit the prescription to a pharmacist to dispense the
23medication at a time of my choosing.
24 I make this request voluntarily, free from coercion or
25undue influence.
26Dated: ................

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1Signed..............................................
2
(patient)
3Dated: ................
4Signed...........................................
5
(witness #1)
6Dated: ................
7Signed..........................................
8
(witness #2)"
9(f) The interpreter attachment for a written request for
10medication under this Act shall be substantially as follows:
11
"Request for Medication to End My Life in a Peaceful Manner
12
Interpreter Attachment
13 I, ............... (NAME OF INTERPRETER), am fluent in
14English and ............... (LANGUAGE OF PATIENT, INCLUDING
15SIGN LANGUAGE).
16 On ....... (DATE) at approximately ....... (TIME), I read
17the "Request for Medication to End My Life in a Peaceful
18Manner" form to ............... (NAME OF PATIENT) in
19............... (LANGUAGE OF PATIENT, INCLUDING SIGN
20LANGUAGE).
21 ............... (NAME OF PATIENT) affirmed to me that they
22understand the content of this form, that they desire to sign
23this form under their own power and volition, and that they

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1requested to sign the form after consultations with an
2attending physician and a consulting physician.
3 Under penalty of perjury, I declare that I am fluent in
4English and ............... (LANGUAGE OF PATIENT, INCLUDING
5SIGN LANGUAGE) and that the contents of this form, to the best
6of my knowledge, are true and correct. Executed at
7.................................. (NAME OF CITY, COUNTY, AND
8STATE) on ....... (DATE).
9Interpreter's signature: ....................................
10Interpreter's printed name: .................................
11Interpreter's address: ......................................".
12 Section 30. Attending physician responsibilities.
13 (a) Following the request of a patient for aid in dying,
14the attending physician shall conduct an evaluation of the
15patient and:
16 (1) determine whether the patient has a terminal
17 disease or has been diagnosed as having a terminal
18 disease;
19 (2) determine whether a patient has mental capacity;
20 (3) confirm that the patient's request does not arise
21 from coercion or undue influence;
22 (4) inform the patient of:
23 (A) the diagnosis;
24 (B) the prognosis;
25 (C) the potential risks, benefits, and probable

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1 result of self-administering the prescribed medication
2 to bring about a peaceful death;
3 (D) the potential benefits and risks of feasible
4 alternatives, including, but not limited to,
5 concurrent or additional treatment options for the
6 patient's terminal disease, comfort care, palliative
7 care, hospice care, and pain control; and
8 (E) the patient's right to rescind the request for
9 medication pursuant to this Act at any time;
10 (5) inform the patient that there is no obligation to
11 fill the prescription nor an obligation to self-administer
12 the medication, if it is obtained;
13 (6) provide the patient with a referral for comfort
14 care, palliative care, hospice care, pain control, or
15 other end-of-life treatment options as requested by the
16 patient and as clinically indicated;
17 (7) refer the patient to a consulting physician for
18 medical confirmation that the patient requesting
19 medication pursuant to this Act:
20 (A) has a terminal disease with a prognosis of 6
21 months or less to live; and
22 (B) has mental capacity.
23 (8) include the consulting physician's written
24 determination in the patient's medical record;
25 (9) refer the patient to a licensed mental health
26 professional in accordance with Section 40 if the

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1 attending physician observes signs that the individual may
2 not be capable of making an informed decision;
3 (10) include the licensed mental health professional's
4 written determination in the patient's medical record, if
5 such determination was requested;
6 (11) inform the patient of the benefits of notifying
7 the next of kin of the patient's decision to request
8 medication pursuant to this Act;
9 (12) fulfill the medical record documentation
10 requirements;
11 (13) ensure that all steps are carried out in
12 accordance with this Act before providing a prescription
13 to a qualified patient for medication pursuant to this Act
14 including:
15 (A) confirming that the patient has made an
16 informed decision to obtain a prescription for
17 medication;
18 (B) offering the patient an opportunity to rescind
19 the request for medication; and
20 (C) providing information to the patient on:
21 (I) the recommended procedure for
22 self-administering the medication to be
23 prescribed;
24 (II) the safekeeping and proper disposal of
25 unused medication in accordance with State and
26 federal law;

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1 (III) the importance of having another person
2 present when the patient self-administers the
3 medication to be prescribed; and
4 (IV) not taking the aid-in-dying medication in
5 a public place.
6 (D) not taking the aid-in-dying medication in a
7 public place;
8 (14) deliver, in accordance with State and federal
9 law, the prescription personally, by mail, or through an
10 authorized electronic transmission to a licensed
11 pharmacist who will dispense the medication, including any
12 ancillary medications, to the qualified patient, or to a
13 person expressly designated by the qualified patient in
14 person or with a signature required on delivery, by mail
15 service, or by messenger service;
16 (15) if authorized by the Drug Enforcement
17 Administration, dispense the prescribed medication,
18 including any ancillary medications, to the qualified
19 patient or a person designated by the qualified patient;
20 and
21 (16) include, in the qualified patient's medical
22 record, the patient's diagnosis and prognosis,
23 determination of mental capacity, the date of each oral
24 request, a copy of the written request, a notation that
25 the requirements under this Section have been completed,
26 and an identification of the medication and ancillary

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1 medications prescribed to the qualified patient pursuant
2 to this Act.
3 (b) Notwithstanding any other provision of law, the
4attending physician may sign the patient's death certificate.
5 Section 35. Consulting physician responsibilities. A
6consulting physician shall:
7 (1) conduct an evaluation of the patient and review
8 the patient's relevant medical records, including the
9 evaluation pursuant to Section 40, if such evaluation was
10 necessary;
11 (2) confirm in writing to the attending physician that
12 the patient:
13 (A) has requested a prescription for aid-in-dying
14 medication;
15 (B) has a documented terminal disease;
16 (C) has mental capacity or has provided
17 documentation that the consulting health care
18 professional has referred the individual for further
19 evaluation in accordance with Section 40; and
20 (D) is acting voluntarily, free from coercion or
21 undue influence.
22 Section 40. Referral for determination that the requesting
23patient has mental capacity.
24 (a) If either the attending physician or the consulting

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1physician has doubts whether the individual has mental
2capacity and if either one is unable to confirm that the
3individual is capable of making an informed decision, the
4attending physician or consulting physician shall refer the
5patient to a licensed mental health professional for
6determination regarding mental capability.
7 (b) The licensed mental health professional shall
8additionally determine whether the patient is suffering from a
9psychiatric or psychological disorder causing impaired
10judgment.
11 (c) The licensed mental health professional who evaluates
12the patient under this Section shall submit to the requesting
13attending or consulting physician a written determination of
14whether the patient has mental capacity.
15 (d) If the licensed mental health professional determines
16that the patient does not have mental capacity, or is
17suffering from a psychiatric or psychological disorder causing
18impaired judgment, the patient shall not be deemed a qualified
19patient and the attending physician shall not prescribe
20medication to the patient under this Act.
21 Section 45. Residency requirement.
22 (a) Only requests made by Illinois residents may be
23granted under this Act.
24 (b) A patient is able to establish residency through any
25one or more of the following means:

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1 (1) possession of a driver's license or other
2 identification issued by the Secretary of State or State
3 of Illinois;
4 (2) registration to vote in Illinois;
5 (3) evidence that the person owns, rents, or leases
6 property in Illinois;
7 (4) the location of any dwelling occupied by the
8 person;
9 (5) the place where any motor vehicle owned by the
10 person is registered;
11 (6) the residence address, not a post office box,
12 shown on an income tax return filed for the year preceding
13 the year in which the person initially makes an oral
14 request under this Act;
15 (7) the residence address, not a post office box, at
16 which the person's mail is received;
17 (8) the residence address, not a post office box,
18 shown on any unexpired resident hunting or fishing or
19 other licenses held by the person;
20 (9) the residence address, not a post office box,
21 shown on any driver's license held by the person;
22 (10) the receipt of any public benefit conditioned
23 upon residency; or
24 (11) any other objective facts tending to indicate a
25 person's place of residence is in Illinois.

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1 Section 50. Safe disposal of unused medications. A person
2who has custody or control of medication prescribed pursuant
3to this Act after the qualified patient's death shall dispose
4of the medication by delivering it to the nearest qualified
5facility that properly disposes of controlled substances or,
6if none is available, by lawful means in accordance with
7applicable State and federal guidelines.
8 Section 55. No duty to provide aid in dying.
9 (a) A health care professional shall not be under any
10duty, by law or contract, to participate in the provision of
11aid-in-dying care to a patient as set forth in this Act.
12 (b) A health care professional shall not be subject to
13civil or criminal liability for participating or refusing to
14participate in the provision of aid-in-dying care to a patient
15in good faith compliance with this Act.
16 (c) A health care entity or licensing board shall not
17subject a health care professional to censure, discipline,
18suspension, loss of license, loss of privileges, loss of
19membership, or other penalty for participating or refusing to
20participate in accordance with this Act.
21 (d) A health care professional may choose not to engage in
22aid-in-dying care.
23 (e) Only willing health care professionals shall provide
24aid-in-dying care in accordance with this Act. If a health
25care professional is unable or unwilling to carry out a

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1patient's request under this Act, and the patient transfers
2the patient's care to a new health care professional, the
3prior health care professional shall transmit, upon request, a
4copy of the patient's relevant medical records to the new
5health care professional without undue delay.
6 (f) A health care professional shall not engage in false,
7misleading, or deceptive practices relating to a willingness
8to qualify a patient or provide aid-in-dying care.
9Intentionally misleading a patient constitutes coercion.
10 (g) The provisions of the Health Care Right of Conscience
11Act apply to this Act and are incorporated by reference.
12 Section 60. Health care entity permissible prohibitions
13and duties.
14 (a) A health care entity may prohibit health care
15professionals from practicing aid-in-dying care while
16performing duties for the entity. A prohibiting entity must
17provide advance notice in writing to health care professionals
18and staff at the time of hiring, contracting with, or
19privileging and on a yearly basis thereafter.
20 (b) If a patient wishes to transfer care to another health
21care entity, the prohibiting entity shall coordinate a timely
22transfer of care, including transmitting, without undue delay,
23the patient's medical records that include notation of the
24date the patient first made a request concerning aid-in-dying
25care.

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1 (c) No health care entity shall prohibit a health care
2professional from:
3 (1) providing information to a patient regarding the
4 patient's health status, including, but not limited to,
5 diagnosis, prognosis, recommended treatment and treatment
6 alternatives, and the risks and benefits of each;
7 (2) providing information regarding health care
8 services available pursuant to this Act, information about
9 relevant community resources, and how to access those
10 resources for obtaining care of the patient's choice;
11 (3) practicing aid-in-dying care outside the scope of
12 the health care professional's employment or contract with
13 the prohibiting entity and off the premises of the
14 prohibiting entity; or
15 (4) being present, if outside the scope of the health
16 care professional's employment or contractual duties, when
17 a qualified patient self-administers medication prescribed
18 pursuant to this Act or at the time of death, if requested
19 by the qualified patient or their representative.
20 (d) A health care entity shall not engage in false,
21misleading, or deceptive practices relating to its policy
22around end-of-life care services, including whether it has a
23policy that prohibits affiliated health care professionals
24from practicing aid-in-dying care; or intentionally denying a
25patient access to medication pursuant to this Act by
26intentionally failing to transfer a patient and the patient's

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

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

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1 (e) A physician is not subject to civil or criminal
2liability or professional discipline if, at the request of the
3qualified patient, the physician is present outside the scope
4of the physician's employment contract and off the entity's
5premises, when the qualified patient self-administers
6medication pursuant to this Act, or at the time of death.
7 (f) A physician who is present at self-administration may,
8without civil or criminal liability, assist the qualified
9patient by preparing the medication prescribed pursuant to
10this Act.
11 (g) A request by a patient for aid in dying does not alone
12constitute grounds for neglect or elder abuse for any purpose
13of law, nor shall it be the sole basis for appointment of a
14guardian.
15 (h) This Section does not limit civil liability for
16intentional misconduct.
17 Section 70. Reporting requirements.
18 (a) Within 45 days after the effective date of this Act,
19the Department shall create and post to its website an
20Attending Physician Checklist Form and Attending Physician
21Follow-Up Form to facilitate collection of the information
22described in this Section. Failure to create or post the
23Attending Physician Checklist Form, the Attending Physician
24Follow-Up Form, or both shall not suspend the effective date
25of this Act.

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1 (b) Within 30 calendar days of providing a prescription
2for medication pursuant to this Act, the attending physician
3shall submit to the Department an Attending Physician
4Checklist Form with the following information:
5 (1) the qualifying patient's name and date of birth;
6 (2) the qualifying patient's terminal diagnosis and
7 prognosis;
8 (3) notice that the requirements under this Act were
9 completed; and
10 (4) notice that medication has been prescribed
11 pursuant to this Act.
12 (c) Within 60 calendar days of notification of a qualified
13patient's death from self-administration of medication
14prescribed pursuant to this Act, the attending physician shall
15submit to the Department, an Attending Physician Follow-Up
16Form with the following information:
17 (1) the qualified patient's name and date of birth;
18 (2) the date of the qualified patient's death; and
19 (3) a notation of whether the qualified patient was
20 enrolled in hospice services at the time of the qualified
21 patient's death.
22 (d) The Department shall collect and annually review the
23forms filed pursuant to Section to ensure compliance. If a
24physician required to report information to the Department
25under this Act provides an inadequate or incomplete report,
26the Department shall contact the physician to request an

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

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1 (E) type of insurance, including whether the
2 patient had insurance;
3 (F) underlying illness; and
4 (G) enrollment in hospice.
5 (f) Except as otherwise required by law, the information
6collected by the Department is not a public record and is not
7available for public inspection.
8 (g) Willful failure or refusal to timely submit records
9required under this Act may result in disciplinary action.
10 Section 75. Effect on construction of wills, contracts,
11and statutes.
12 (a) No provision in a contract, will, or other agreement,
13whether written or oral, that would determine whether a
14patient may make or rescind a request pursuant to this Act is
15valid.
16 (b) No obligation owing under any contract that is in
17effect on the effective date of this Act shall be conditioned
18or affected by a patient's act of making or rescinding a
19request pursuant to this Act.
20 (c) It is unlawful for an insurer to deny or alter health
21care benefits otherwise available to a patient with a terminal
22disease based on the availability of aid-in-dying care or
23otherwise attempt to coerce a patient with a terminal disease
24to make a request for aid-in-dying medication.
25 (d) Nothing in this Act prevents an insurer from

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1exercising any right to void a policy based on a material
2misrepresentation, as provided under Section 154 of the
3Illinois Insurance Code, in an application for insurance.
4 Section 80. Insurance or annuity policies.
5 (a) The sale, procurement, or issuance of a life, health,
6or accident insurance policy, annuity policy, or the rate
7charged for a policy shall not be conditioned upon or affected
8by a patient's act of making or rescinding a request for
9medication pursuant to this Act.
10 (b) A qualified patient's act of self-administering
11medication pursuant to this Act does not invalidate any part
12of a life, health, or accident insurance, or annuity policy.
13 (c) An insurance plan, including medical assistance under
14Article V of the Illinois Public Aid Code, shall not deny or
15alter benefits to a patient with a terminal disease who is a
16covered beneficiary of a health insurance plan, based on the
17availability of aid-in-dying care, their request for
18medication pursuant to this Act, or the absence of a request
19for medication pursuant to this Act. Failure to meet this
20requirement shall constitute a violation of the Illinois
21Insurance Code.
22 Section 85. Death certificate.
23 (a) Unless otherwise prohibited by law, the attending
24physician may sign the death certificate of a qualified

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1patient who obtained and self-administered a prescription for
2medication pursuant to this Act.
3 (b) When a death has occurred in accordance with this Act,
4the death shall be attributed to the underlying terminal
5disease.
6 (1) Death following self-administering medication
7 under this Act does not alone constitute grounds for
8 postmortem inquiry.
9 (2) Death in accordance with this Act shall not be
10 designated a suicide or homicide.
11 (c) A qualified patient's act of self-administering
12medication prescribed pursuant to this Act shall not be
13indicated on the death certificate.
14 Section 90. Liabilities and penalties.
15 (a) Nothing in this Act limits civil or criminal liability
16arising from:
17 (1) Intentionally or knowingly altering or forging a
18 patient's request for medication pursuant to this Act or
19 concealing or destroying a rescission of a request for
20 medication pursuant to this Act.
21 (2) Intentionally or knowingly coercing or exerting
22 undue influence on a patient with a terminal disease to
23 request medication pursuant to this Act or to request or
24 use or not use medication pursuant to this Act.
25 (3) Intentional misconduct by a health care

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1 professional or health care entity.
2 (b) The penalties specified in this Act do not preclude
3criminal penalties applicable under other laws for conduct
4inconsistent with this Act.
5 (c) As used in this Section, "intentionally" and
6"knowingly" have the meanings provided in Sections 4-4 and 4-5
7of the Criminal Code of 2012.
8 Section 95. Construction.
9 (a) Nothing in this Act authorizes a physician or any
10other person, including the qualified patient, to end the
11qualified patient's life by lethal injection, lethal infusion,
12mercy killing, homicide, murder, manslaughter, euthanasia, or
13any other criminal act.
14 (b) Actions taken in accordance with this Act do not, for
15any purposes, constitute suicide, assisted suicide,
16euthanasia, mercy killing, homicide, murder, manslaughter,
17elder abuse or neglect, or any other civil or criminal
18violation under the law.
19 Section 100. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
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