Bill Text: IL SB3499 | 2023-2024 | 103rd General Assembly | Introduced

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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 9-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB3499 Detail]

Download: Illinois-2023-SB3499-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3499 Introduced 2/9/2024, 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.
LRB103 38464 RPS 68600 b
A BILL FOR
SB3499 LRB103 38464 RPS 68600 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
End-of-Life Options for Terminally Ill Patients Act.
Section 5. Definitions. As used in this Act:
"Adult" means an individual 18 years of age or older.
"Advanced practice registered nurse" means an advanced
practice registered nurse licensed under the Nurse Practice
Act who is certified as a psychiatric mental health
practitioner.
"Aid in dying" means an end-of-life care option that
allows a qualified patient to obtain a prescription for
medication pursuant to this Act.
"Attending physician" means the physician who has primary
responsibility for the care of the patient and treatment of
the patient's terminal disease.
"Clinical psychologist" means a psychologist licensed
under the Clinical Psychologist Licensing Act.
"Clinical social worker" means a person licensed under the
Clinical Social Work and Social Work Practice Act.
"Coercion or undue influence" means the willful attempt,
whether by deception, intimidation, or any other means to:

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

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

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

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

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this Act.
Section 20. Qualification.
(a) A qualified patient with a terminal disease may
request a prescription for medication under this Act in the
following manner:
(1) The qualified patient may orally request a
prescription for medication under this Act from the
patient's attending physician.
(2) The oral request from the qualified patient shall
be documented by the attending physician.
(3) The qualified patient shall provide a written
request in accordance with this Act to the patient's
attending physician after making the initial oral request.
(4) The qualified patient shall repeat the oral
request to the patient's attending physician no less than
5 days after making the initial oral request.
(b) The attending and consulting physicians of a qualified
patient shall have met all the requirements of Sections 30 and
35.
(c) Notwithstanding subsection (a), if the individual's
attending physician has medically determined that the
individual will, within reasonable medical judgment, die
within 5 days after making the initial oral request under this
Section, the individual may satisfy the requirements of this
Section by providing a written request and reiterating the

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

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

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

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Signed..................................
(patient)
Dated: ................
Signed...............................
(witness #1)
Dated: ................
Signed..............................
(witness #2)"
(f) The interpreter attachment for a written request for
medication under this Act shall be substantially as follows:
"Request for Medication to End My Life in a Peaceful Manner
Interpreter Attachment
I, ...............(insert name of interpreter), am fluent
in English and ...............(insert language of patient,
including sign language).
On .......(insert date) at approximately .......(insert
time), I read the "Request for Medication to End My Life in a
Peaceful Manner" form to ...............(insert name of
patient) in ...............(insert language of patient).
...............(insert name of patient) affirmed to me
that they understand the content of this form, that they
desire to sign this form under their own power and volition,
and that they requested to sign the form after consultations

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with an attending physician and a consulting physician.
Under penalty of perjury, I declare that I am fluent in
English and ...............(language of patient, including
sign language) and that the contents of this form, to the best
of my knowledge, are true and correct. Executed at
..................................(insert name of city,
county, and state) on .......(date).
Interpreter's signature: ....................................
Interpreter's printed name: .................................
Interpreter's address: ......................................".
Section 30. Attending physician responsibilities.
(a) Following the request of a patient for aid in dying,
the attending physician shall conduct an evaluation of the
patient and:
(1) determine whether the patient has a terminal
disease or has been diagnosed as having a terminal
disease;
(2) determine whether a patient has mental capacity;
(3) confirm that the patient's request does not arise
from coercion or undue influence;
(4) inform the patient of:
(A) the diagnosis;
(B) the prognosis;
(C) the potential risks, benefits, and probable
result of self-administering the prescribed medication

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to bring about a peaceful death;
(D) the potential benefits and risks of feasible
alternatives, including, but not limited to,
concurrent or additional treatment options for the
patient's terminal disease, comfort care, palliative
care, hospice care, and pain control; and
(E) the patient's right to rescind the request for
medication pursuant to this Act at any time;
(5) inform the patient that there is no obligation to
fill the prescription nor an obligation to self-administer
the medication, if it is obtained;
(6) provide the patient with a referral for comfort
care, palliative care, hospice care, pain control, or
other end-of-life treatment options as requested by the
patient and as clinically indicated;
(7) refer the patient to a consulting physician for
medical confirmation that the patient requesting
medication pursuant to this Act:
(A) has a terminal disease with a prognosis of 6
months or less to live; and
(B) has mental capacity.
(8) include the consulting physician's written
determination in the patient's medical record;
(9) refer the patient to a licensed mental health
professional in accordance with Section 40 if the
attending physician observes signs that the individual may

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not be capable of making an informed decision;
(10) include the licensed mental health professional's
written determination in the patient's medical record, if
such determination was requested;
(11) inform the patient of the benefits of notifying
the next of kin of the patient's decision to request
medication pursuant to this Act;
(12) fulfill the medical record documentation
requirements;
(13) ensure that all steps are carried out in
accordance with this Act before providing a prescription
to a qualified patient for medication pursuant to this Act
including:
(A) confirming that the patient has made an
informed decision to obtain a prescription for
medication;
(B) offering the patient an opportunity to rescind
the request for medication; and
(C) providing information to the patient on:
(I) the recommended procedure for
self-administering the medication to be
prescribed;
(II) the safekeeping and proper disposal of
unused medication in accordance with State and
federal law; and
(III) the importance of having another person

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present when the patient self-administers the
medication to be prescribed;
(D) not taking the aid-in-dying medication in a
public place;
(14) deliver, in accordance with State and federal
law, the prescription personally, by mail, or through an
authorized electronic transmission to a licensed
pharmacist who will dispense the medication, including any
ancillary medications, to the qualified patient, or to a
person expressly designated by the qualified patient in
person or with a signature required on delivery, by mail
service, or by messenger service;
(15) if authorized by the Drug Enforcement
Administration, dispense the prescribed medication,
including any ancillary medications, to the qualified
patient or a person designated by the qualified patient;
and
(16) include, in the qualified patient's medical
record, the patient's diagnosis and prognosis,
determination of mental capacity, the date of each oral
request, a copy of the written request, a notation that
the requirements under this Section have been completed,
and an identification of the medication and ancillary
medications prescribed to the qualified patient pursuant
to this Act.
(b) Notwithstanding any other provision of law, the

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attending physician may sign the patient's death certificate.
Section 35. Consulting physician responsibilities. A
consulting physician shall:
(1) conduct an evaluation of the patient and review
the patient's relevant medical records, including the
evaluation pursuant to Section 40, if such evaluation was
necessary;
(2) confirm in writing to the attending physician that
the patient:
(A) has requested a prescription for aid-in-dying
medication;
(B) has a documented terminal disease;
(C) has mental capacity or has provided
documentation that the consulting health care
professional has referred the individual for further
evaluation in accordance with Section 40; and
(D) is acting voluntarily, free from coercion or
undue influence.
Section 40. Referral for determination that the requesting
patient has mental capacity.
(a) If either the attending physician or the consulting
physician has doubts whether the individual has mental
capacity and if either one is unable to confirm that the
individual is capable of making an informed decision, the

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attending physician or consulting physician shall refer the
patient to a licensed mental health professional for
determination regarding mental capability.
(b) The licensed mental health professional shall
additionally determine whether the patient is suffering from a
psychiatric or psychological disorder causing impaired
judgment.
(c) The licensed mental health professional who evaluates
the patient under this Section shall submit to the requesting
attending or consulting physician a written determination of
whether the patient has mental capacity.
(d) If the licensed mental health professional determines
that the patient does not have mental capacity, or is
suffering from a psychiatric or psychological disorder causing
impaired judgment, the patient shall not be deemed a qualified
patient and the attending physician shall not prescribe
medication to the patient under this Act.
Section 45. Residency requirement.
(a) Only requests made by Illinois residents may be
granted under this Act.
(b) A patient is able to establish residency through any
one or more of the following means:
(1) possession of a driver's license or other
identification issued by the Secretary of State or State
of Illinois;

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(2) registration to vote in Illinois;
(3) evidence that the person owns, rents, or leases
property in Illinois;
(4) the location of any dwelling occupied by the
person;
(5) the place where any motor vehicle owned by the
person is registered;
(6) the residence address, not a post office box,
shown on an income tax return filed for the year preceding
the year in which the person initially makes an oral
request under this Act;
(7) the residence address, not a post office box, at
which the person's mail is received;
(8) the residence address, not a post office box,
shown on any unexpired resident hunting or fishing or
other licenses held by the person;
(9) the residence address, not a post office box,
shown on any driver's license held by the person;
(10) the receipt of any public benefit conditioned
upon residency; or
(11) any other objective facts tending to indicate a
person's place of residence is in Illinois.
Section 50. Safe disposal of unused medications. A person
who has custody or control of medication prescribed pursuant
to this Act after the qualified patient's death shall dispose

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of the medication by delivering it to the nearest qualified
facility that properly disposes of controlled substances or,
if none is available, by lawful means in accordance with
applicable State and federal guidelines.
Section 55. No duty to provide aid in dying.
(a) A health care professional shall not be under any
duty, by law or contract, to participate in the provision of
aid-in-dying care to a patient as set forth in this Act.
(b) A health care professional shall not be subject to
civil or criminal liability for participating or refusing to
participate in the provision of aid-in-dying care to a patient
in good faith compliance with this Act.
(c) A health care entity or licensing board shall not
subject a health care professional to censure, discipline,
suspension, loss of license, loss of privileges, loss of
membership, or other penalty for participating or refusing to
participate in accordance with this Act.
(d) A health care professional may choose not to engage in
aid-in-dying care.
(e) Only willing health care professionals shall provide
aid-in-dying care in accordance with this Act. If a health
care professional is unable or unwilling to carry out a
patient's request under this Act, and the patient transfers
the patient's care to a new health care professional, the
prior health care professional shall transmit, upon request, a

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copy of the patient's relevant medical records to the new
health care professional without undue delay.
(f) A health care professional shall not engage in false,
misleading, or deceptive practices relating to a willingness
to qualify a patient or provide aid-in-dying care.
Intentionally misleading a patient constitutes coercion.
(g) The provisions of the Health Care Right of Conscience
Act apply to this Act and are incorporated by reference.
Section 60. Health care entity permissible prohibitions
and duties.
(a) A health care entity may prohibit health care
professionals from practicing aid-in-dying care while
performing duties for the entity. A prohibiting entity must
provide advance notice in writing to health care professionals
and staff at the time of hiring, contracting with, or
privileging and on a yearly basis thereafter.
(b) If a patient wishes to transfer care to another health
care entity, the prohibiting entity shall coordinate a timely
transfer of care, including transmitting, without undue delay,
the patient's medical records that include notation of the
date the patient first made a request concerning aid-in-dying
care.
(c) No health care entity shall prohibit a health care
professional from:
(1) providing information to a patient regarding the

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patient's health status, including, but not limited to,
diagnosis, prognosis, recommended treatment and treatment
alternatives, and the risks and benefits of each;
(2) providing information regarding health care
services available pursuant to this Act, information about
relevant community resources, and how to access those
resources for obtaining care of the patient's choice;
(3) practicing aid-in-dying care outside the scope of
the health care professional's employment or contract with
the prohibiting entity and off the premises of the
prohibiting entity; or
(4) being present, if outside the scope of the health
care professional's employment or contractual duties, when
a qualified patient self-administers medication prescribed
pursuant to this Act or at the time of death, if requested
by the qualified patient or their representative.
(d) A health care entity shall not engage in false,
misleading, or deceptive practices relating to its policy
around end-of-life care services, including whether it has a
policy that prohibits affiliated health care professionals
from practicing aid-in-dying care; or intentionally denying a
patient access to medication pursuant to this Act by
intentionally failing to transfer a patient and the patient's
medical records to another health care professional in a
timely manner. Intentionally misleading a patient or deploying
misinformation to obstruct access to services pursuant to this

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Act constitutes coercion or undue influence.
(e) The provisions of the Health Care Right of Conscience
Act apply to this Act and are incorporated by reference.
(f) If any part of this Section is found to be in conflict
with federal requirements which are a prescribed condition to
receipt of federal funds, the conflicting part of this Section
is inoperative solely to the extent of the conflict with
respect to the entity directly affected, and such finding or
determination shall not affect the operation of the remainder
of the Section or this Act.
Section 65. Immunities for actions in good faith;
prohibition against reprisals.
(a) A health care professional or health care entity shall
not be subject to civil or criminal liability, licensing
sanctions, or other professional disciplinary action for
actions taken in good faith compliance with this Act.
(b) If a health care professional or health care entity is
unable or unwilling to carry out an individual's request for
aid in dying, the professional or entity shall, at a minimum:
(1) inform the individual of the professional's or
entity's inability or unwillingness;
(2) refer the individual either to a health care
professional who is able and willing to evaluate and
qualify the individual or to another individual or entity
to assist the requesting individual in seeking aid in

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dying, in accordance with the Health Care Right of
Conscience Act; and
(3) note, in the medical record, the individual's date
of request and health care professional's notice to the
individual of the health care professional's unwillingness
or inability to carry out the individual's request.
(c) A health care entity or licensing board shall not
subject a health care professional to censure, discipline,
suspension, loss of license, loss of privileges, loss of
membership, or other penalty for engaging in good faith
compliance with this Act.
(d) A health care professional, health care entity, or
licensing board shall not subject a health care professional
to discharge, demotion, censure, discipline, suspension, loss
of license, loss of privileges, loss of membership,
discrimination, or any other penalty for providing
aid-in-dying care in accordance with the standard of care and
in good faith under this Act when:
(1) engaged in the outside practice of medicine and
off of the objecting health care entity's premises; or
(2) providing scientific and accurate information
about aid-in-dying care to a patient when discussing
end-of-life care options.
(e) A physician is not subject to civil or criminal
liability or professional discipline if, at the request of the
qualified patient, the physician is present outside the scope

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of the physician's employment contract and off the entity's
premises, when the qualified patient self-administers
medication pursuant to this Act, or at the time of death.
(f) A physician who is present at self-administration may,
without civil or criminal liability, assist the qualified
patient by preparing the medication prescribed pursuant to
this Act.
(g) A request by a patient for aid in dying does not alone
constitute grounds for neglect or elder abuse for any purpose
of law, nor shall it be the sole basis for appointment of a
guardian.
(h) This Section does not limit civil liability for
intentional misconduct.
Section 70. Reporting requirements.
(a) Within 45 days after the effective date of this Act,
the Department shall create and post to its website an
Attending Physician Checklist Form and Attending Physician
Follow-Up Form to facilitate collection of the information
described in this Section. Failure to create or post the
Attending Physician Checklist Form, the Attending Physician
Follow-Up Form, or both shall not suspend the effective date
of this Act.
(b) Within 30 calendar days of providing a prescription
for medication pursuant to this Act, the attending physician
shall submit to the Department an Attending Physician

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Checklist Form with the following information:
(1) the qualifying patient's name and date of birth;
(2) the qualifying patient's terminal diagnosis and
prognosis;
(3) notice that the requirements under this Act were
completed; and
(4) notice that medication has been prescribed
pursuant to this Act.
(c) Within 60 calendar days of notification of a qualified
patient's death from self-administration of medication
prescribed pursuant to this Act, the attending physician shall
submit to the Department, an Attending Physician Follow-Up
Form with the following information:
(1) the qualified patient's name and date of birth;
(2) the date of the qualified patient's death; and
(3) a notation of whether the qualified patient was
enrolled in hospice services at the time of the qualified
patient's death.
(d) The Department shall collect and annually review the
forms filed pursuant to Section to ensure compliance. If a
physician required to report information to the Department
under this Act provides an inadequate or incomplete report,
the Department shall contact the physician to request an
adequate or complete report. The information collected shall
be confidential and shall be collected in a manner that
protects the privacy of the patient, the patient's family, and

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any health care professional involved with the patient under
the provisions of this Act. The information shall be
privileged and strictly confidential, and shall not be
disclosed, discoverable, or compelled to be produced in any
civil, criminal, administrative, or other proceeding.
(e) One year after the effective date of this Act, and each
year thereafter, the Department shall create and post on its
website a public statistical report of nonidentifying
information. The report shall be limited to:
(1) the number of prescriptions for medication written
pursuant to this Act;
(2) the number of physicians who wrote prescriptions
for medication pursuant to this Act;
(3) the number of qualified patients who died
following self-administration of medication prescribed and
dispensed pursuant to this Act; and
(4) the number of people who died due to using an
aid-in-dying drug, with demographic percentages organized
by the following characteristics:
(A) age at death;
(B) education level;
(C) race;
(D) gender;
(E) type of insurance, including whether the
patient had insurance;
(F) underlying illness; and

SB3499 - 26 - LRB103 38464 RPS 68600 b
(G) enrollment in hospice.
(f) Except as otherwise required by law, the information
collected by the Department is not a public record and is not
available for public inspection.
(g) Willful failure or refusal to timely submit records
required under this Act may result in disciplinary action.
Section 75. Effect on construction of wills, contracts,
and statutes.
(a) No provision in a contract, will, or other agreement,
whether written or oral, that would determine whether a
patient may make or rescind a request pursuant to this Act is
valid.
(b) No obligation owing under any contract that is in
effect on the effective date of this Act shall be conditioned
or affected by a patient's act of making or rescinding a
request pursuant to this Act.
(c) It is unlawful for an insurer to deny or alter health
care benefits otherwise available to a patient with a terminal
disease based on the availability of aid-in-dying care or
otherwise attempt to coerce a patient with a terminal disease
to make a request for aid-in-dying medication.
Section 80. Insurance or annuity policies.
(a) The sale, procurement, or issuance of a life, health,
or accident insurance policy, annuity policy, or the rate

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charged for a policy shall not be conditioned upon or affected
by a patient's act of making or rescinding a request for
medication pursuant to this Act.
(b) A qualified patient's act of self-administering
medication pursuant to this Act does not invalidate any part
of a life, health, or accident insurance, or annuity policy.
(c) An insurance plan, including medical assistance under
Article V of the Illinois Public Aid Code, shall not deny or
alter benefits to a patient with a terminal disease who is a
covered beneficiary of a health insurance plan, based on the
availability of aid-in-dying care, their request for
medication pursuant to this Act, or the absence of a request
for medication pursuant to this Act. Failure to meet this
requirement shall constitute a violation of the Illinois
Insurance Code.
Section 85. Death certificate.
(a) Unless otherwise prohibited by law, the attending
physician may sign the death certificate of a qualified
patient who obtained and self-administered a prescription for
medication pursuant to this Act.
(b) When a death has occurred in accordance with this Act,
the death shall be attributed to the underlying terminal
disease.
(1) Death following self-administering medication
under this Act does not alone constitute grounds for

SB3499 - 28 - LRB103 38464 RPS 68600 b
postmortem inquiry.
(2) Death in accordance with this Act shall not be
designated a suicide or homicide.
(c) A qualified patient's act of self-administering
medication prescribed pursuant to this Act shall not be
indicated on the death certificate.
Section 90. Liabilities and penalties.
(a) Nothing in this Act limits civil or criminal liability
arising from:
(1) Intentionally or knowingly altering or forging a
patient's request for medication pursuant to this Act or
concealing or destroying a rescission of a request for
medication pursuant to this Act.
(2) Intentionally or knowingly coercing or exerting
undue influence on a patient with a terminal disease to
request medication pursuant to this Act or to request or
use or not use medication pursuant to this Act.
(3) Intentional misconduct by a health care
professional or health care entity.
(b) The penalties specified in this Act do not preclude
criminal penalties applicable under other laws for conduct
inconsistent with this Act.
(c) As used in this Section, "intentionally" and
"knowingly" have the meanings provided in Sections 4-4 and 4-5
of the Criminal Code of 2012.

SB3499 - 29 - LRB103 38464 RPS 68600 b
Section 95. Construction.
(a) Nothing in this Act authorizes a physician or any
other person, including the qualified patient, to end the
qualified patient's life by lethal injection, lethal infusion,
mercy killing, homicide, murder, manslaughter, euthanasia, or
any other criminal act.
(b) Actions taken in accordance with this Act do not, for
any purposes, constitute suicide, assisted suicide,
euthanasia, mercy killing, homicide, murder, manslaughter,
elder abuse or neglect, or any other civil or criminal
violation under the law.
Section 100. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.