SB 2644

Abstract

Amends the Secretary of State Act. Provides that the Secretary of State shall establish an electronic registry, to be known as the Advance Directive Registry, through which residents of the State of Illinois may deposit, with the Secretary of State, a completed Department of Public Health Uniform POLST form. Specifies that information in the Advance Directive Registry shall be made available to hospitals licensed under the Hospital Licensing Act and hospitals organized under the University of Illinois Hospital Act. Authorizes hospitals to rely on information obtained from the Advance Directive Registry as an accurate copy of the documents filed with the Advance Directive Registry. Directs the Secretary of State to adopt any rules necessary to implement the amendatory Act and to provide information on the Secretary of State's website regarding use of the Advance Directive Registry. Provides that, except in the case of gross negligence or willful misconduct, the Secretary of State and employees of the Secretary of State are immune from any civil or criminal liability in connection with the creation and maintenance of the Advance Directive Registry. Provides that a person who knowingly submits a document to the Advance Directive Registry without authorization or assists in such submission shall be guilty of a Class A misdemeanor. Senate Committee Amendment No. 1 Specifies that the Secretary of State is not required to establish the Advance Directive Registry until January 1, 2026. Authorizes information about the Advance Directive Registry to be made available electronically. Specifies that neither a health care professional nor a health care provider is required to ask whether a patient has a Department of Public Health Uniform POLST form or to search the Advance Directive Registry. Adds a provision that limits the liability of health care professionals and health care providers that rely upon information contained in the Advance Directive Registry or that do not access or search the Advance Directive Registry. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes. Requires the Secretary of State to establish the Advance Directive Registry by January 1, 2027 (rather than January 1, 2026). Directs the Secretary of State to promote the Advance Directive Registry in calendar year 2026. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that information in the Advance Directive Registry shall be made available electronically to Emergency Medical Services personnel as defined under the Emergency Medical Services (EMS) Systems Act. Provides that hospital administrators shall, as appropriate for their respective hospital, provide access to information in the Advance Directive Registry to hospital health care providers. Makes other changes.