SB 182

Abstract

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall study the feasibility of creating a statewide registry of advance directives and Practitioner Order for Life-Sustaining Treatment forms. Amends the Illinois Living Will Act, the Health Care Surrogate Act, the Mental Health Treatment Preferences Declaration Act, and the Powers of Attorney for Health Care Law of the Illinois Power of Attorney Act. Provides that various types of documents may be in hard copy or electronic format. Provides that electronic declarations may be revoked, among other things, by deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical record. Provides that signature and execution requirements are satisfied by written signatures or initials and electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the electronic medical record. Provides that a person who enters information in an electronic system under the persona of the principal shall be held civilly liable. Makes conforming changes. Senate Floor Amendment No. 1 Adds reference to: 5 ILCS 175/5-115 5 ILCS 175/5-120 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that the Department of Public Health shall also consult with a statewide bar association, a national bar association with an Illinois chapter that concentrates in elder and disability law, and a not-for-profit organ procurement organization that coordinates organ and tissue donation in the study of the feasibility of creating a statewide registry of advance directives and POLST forms. Provides that the study must be filed with the General Assembly on or before January 1, 2021. Provides that an electronic declaration may be created, signed, or revoked electronically using a generic, technology-neutral system in which each user is assigned a unique identifier that is securely maintained and in a manner that meets the regulatory requirements for a digital or electronic signature. Deletes language providing that the signature and execution requirements are satisfied by electronic signatures or computer-generated signature codes that meet the requirements for a signature by a provider making an entry into the medical record. Deletes language providing that an electronic declaration may also be revoked by the principal's deletion in a manner indicating the intention to revoke and in a manner that meets the requirements for a deletion by a provider deleting an entry in the electronic medical records. Amends the Electronic Commerce Security Act. Deletes language providing that provisions regarding electronic records and electronic signatures shall not apply to any rule of law governing the creation or execution of a living will or healthcare power of attorney.